Search
Contact
25.04.2019 | KPMG Law Insights

OVG Lüneburg: Faculty council not responsible for granting teaching assignments

OVG Lüneburg: Faculty council not responsible for granting teaching assignments

Issue: After filling a vacant position at an institute of a university in Lower Saxony, the university felt that there was no longer a need to continue to grant teaching assignments to an associate professor. As a result, students collected signatures with the goal of having the faculty council, which is considered to be responsible, deliberate on the further awarding of teaching assignments to this professor. The Dean of the Faculty informed the representative of the student initiative that the Dean’s Office had decided in a non-public meeting not to submit a corresponding application to the President’s Office for the granting of the teaching assignments. As a result, the representative of the initiative filed a motion to compel the Faculty Council to immediately deliberate on the award by way of a temporary injunction. This request was rejected by the administrative court. The Higher Administrative Court now had to decide on the appeal filed against this and confirmed the decision of the Administrative Court (OVG Lüneburg, decision dated 13.02.2019, ref.: 2 ME 707/18).

Reasons for Decision: The representative of the student initiative had both standing to sue and to file an appeal in an administrative proceeding against the university to enforce the rights of the initiative, and the appeal was therefore admissible. However, the complaint was unfounded. He said the initiative calls for the Faculty Council to deliberate on the matter. According to § 20 a of the Lower Saxony Higher Education Act (NHG), students could only demand this from an organ of the university if it was also legally responsible for the particular matter. In this case, the Faculty Council lacked the authority to grant individual teaching assignments to non-university persons. Gem. § 44 para. 1 sentence 1 NHG, the Faculty Council decides on matters of fundamental importance, i.e. on questions that could be of importance in an indefinite number of further cases and thus require uniform handling in the interest of all faculty members. This is the case, for example, with decisions on faculty structural and development plans. The granting of individual teaching assignments to a particular professor was not a matter of fundamental importance. Moreover, the students would not have a claim to very specific courses or specific content designs of these. The freedom to learn and study as part of the academic freedom of education (Article 12 (1) of the Basic Law) exists solely within the framework of the existing range of studies and courses offered by a university. In addition, he said, the Faculty Council’s jurisdiction finds its limits in the responsibilities of the Dean’s Office. According to the NHG, the Dean’s Office is responsible for all matters of the Faculty, unless another responsibility is determined. Thus, the Dean’s Office is also responsible for the Faculty with regard to the application to the Presidential Board for the granting of fixed-term teaching assignments pursuant to §§ 3 and 4 of the German Civil Code (BGB). § 34 para. 1 sentence 1 NHG is responsible.

Apart from that, there was already no reason for an order due to the lack of urgency of the matter. The requested teaching assignment related to a semester that had expired both at the time of the administrative court’s decision and during the appeal proceedings. The request had therefore already been dealt with.

Significance for practice:

The delineation of responsibilities within the university has not been conclusively clarified in many university laws to date. Therefore, case law must often provide legal certainty, as in this case.

Explore #more

22.12.2025 | KPMG Law Insights

New EU directive tightens environmental criminal law

Environmental crime will be punished more severely in future. Directive (EU) 2024/1203 on the protection of the environment through criminal law is being transposed into…

19.12.2025 | KPMG Law Insights

Digital Omnibus: More efficiency instead of deregulation

The EU Commission wants to streamline digital laws. On November 19, 2025, it presented its proposals for the “Digital Omnibus” (including a separate AI Omnibus).…

18.12.2025 | Deal Notifications

KPMG Law and KPMG advise the shareholders of Frerk Aggregatebau on the sale to DEUTZ

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) provided comprehensive advice to the shareholders of Frerk Aggregatebau GmbH (Frerk) on the sale…

17.12.2025 | KPMG Law Insights

AI-supported risk checks of NDAs and CoCs: how legal departments benefit

Artificial intelligence can relieve legal departments of routine tasks such as checking non-disclosure agreements (NDAs) or codes of conduct (CoCs). These documents are part of…

16.12.2025 | In the media

Interview with KPMG Law experts: CSDDD after the omnibus: “Toothless tiger” or pragmatic solution?

The agreement on the Omnibus I package is causing discussion. Among other things, the thresholds for the EU Supply Chain Directive (CSDDD) have been significantly…

15.12.2025 | In the media

KPMG Law guest article in Tagesspiegel Background: What the digital omnibus means for companies today

The debate on the digital omnibus has only just begun. Companies should contribute their expertise to the ongoing process and strengthen their internal foundations –…

12.12.2025 | KPMG Law Insights

Focus offshore: NRW buys extensive tax data on international tax havens

According to recent press reports from December 11, 2025, the state of North Rhine-Westphalia has purchased an extensive data set with tax-relevant information from international…

12.12.2025 | KPMG Law Insights

Legal changes in 2026: New obligations and relief for companies

Rarely has the new year been as difficult for companies to plan as 2026. All the signs in the EU are currently pointing towards reducing…

12.12.2025 | Deal Notifications

KPMG Law advises The Chemours Company on the implementation and closing of a large-volume factoring financing

KPMG Law Rechtsanwaltsgesellschaft GmbH (KPMG Law) advised the US-American Chemours Company on the implementation of a cross-border factoring financing. The legal implementation was managed by…

11.12.2025 | KPMG Law Insights

First omnibus package to relax CSDDD, CSRD and EU taxonomy obligations

Negotiators from the EU Parliament and the Council have now reached an agreement on the outstanding points of the first omnibus package. The content of…

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll