»Ist Dasein förderlich?« – Zur Anwesenheitspflicht in Lehrveranstaltungen an Hochschulen2

As shown in the simple legal guarantee of the so called freedom of studying and learning which is laid down in the higher education acts of the Federal States (Länder), it is still possible to refuse to give performance records or to award credit points on grounds of nonattendance. According to these acts, the freedom of studying and learning is subject to the explicit reservation of the study and examination regulations. If and when the attendance of the student is necessary in order to successfully complete a course is a decision to be made by the competent department or faculty, a fact which is reflected in the relevant study and examination regulations. In this respect, the specific requirements of the respective degree courses are instrumental. Apart from study and examination regulations which explicitly require compulsory attendance in specific lectures, there are also specific teaching forms (e.g.seminars, practical training and tutorials) which require compulsory attendance.