Grenzen der Forschungsfreiheit und Aufnahme einer Zivilklausel in die Grundordnung

As in some other universities it has recently been proposed for the University of Cologne to include a so called »civil clause« into its basic statute. The article rests on a statement the author was asked to give in front of the academic senate of the said university, which has rejected the proposal.A civil clause, even in the restrictive wording used in the Cologne proposal, would lead to factual infringements of the freedom of research of the scientists of the university. In the absence of any authorization to restrict the scientific freedom guaranteed in art. 5 sect. 3 of the Basic Law, such infringements might be justified on the ground of a colliding constitutional principle; but a principle against all activities related to military matters is not be found in the Basic Law. At least, a formal, i.e. generally: a parliamentary law would be required as a basis for such an infringement of scientific freedom. Finally, the state university law of North-Rhine/Westphalia, applicable to Cologne, allows for additions to the basic statute of a university only in cases enumerated in the said law, leaving no room for a »civil clause".

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