Das neue Kunsthochschulgesetz NRW und seine Auswirkungen auf das Kunsthochschulmanagement

The North Rhine-Westphalian new Art School Act which applies to the seven art and music academies in this Federal state (Bundesland) came into effect on April 1st, 2008. The North Rhine-Westphalian legislator has hereby opposed the nationwide trend to create a homogeneous Higher Education Act (Hochschulgesetz) that applies to all three types of schools of higher education (universities, polytechnics and art academies). Following the North Rhine-Westphalian Higher Education Act (Hochschulgesetz NRW) in the version of the University Independence Act (Hochschulfreiheitsgesetz) and the University Medicine Act (Hochschulmedizingesetz), insofar, legislation on higher education has come to a certain conclusion in North Rhine-Westphalia.The fact that the art schools were granted their own law was in keeping with their wish and the result of a process of discussion which mainly took place between the responsible ministries and the rectorates and was carried out in both a constructive and concentrated manner. The peculiarities of both the art and the art academies are based on qualitative and quantitative criteria. On every point, the Act has accounted for this.Structurally it is still based on the 'double nature' of the art academies as corporations under public law and, at the same time, federal institutions. A growth of autonomy has taken place regarding 'state' affairs (especially budgeting and personnel) insofar as the universities and their bodies or office-holders have decision-making power whilst the approval and supervisory powers of the state (the ministry) were reduced. However, the art academies also are subject to a paradigmatic change from public administration to management and the »new steering instruments« such as agreements on targets, evaluation and controlling. It was decided against establishing councils as governing bodies of the universities with decision making power.With regard to the reform in higher education and the implementation of the »Bologna process«, the art academies have not opted out of the general development but they have been granted special rules. An »exception- to- the- rule- relationship« has been constituted here that exceeds the regulations of the general Higher Education Act.