Das TU-Darmstadt-Gesetz – Meilenstein der Hochschulautonomie?

The law for the organizational development of the technical University of Darmstadt (TUD-G) shows how a »nationally steered university with ministerial responsibility« can evolve into a »university that has independent authority and responsibility and a public licence«. The legal framework is in a particularly salient way an expression of the newer German university's development, which is marked by autonomy and deregulation. The project takes upon itself to be both a model and at the same time an attempt to further increase the legal rights of higher education. Whether and to what extent the law comes to fit this proposal fairly will be examined within the framework of this essay. A necessary part of the process is an analysis of the substantial constitutional objections to the regulation of the TUD-G. Besides, since they became law in 2004 the legal rights of the universities have seen further development in the individual federal states of the German Republic. The requirements for the model will be measured against the actual development of the laws of higher education. Additionally, a brief overview of the institution the »technical University of Darmstadt« is presented with statistics and facts. Then an overview of the TU Darmstadt-law follows, to which an analysis of the constitutional scope of this law is linked. Finally, the TUD-G is reviewed in the context of the further development of the laws of higher education.