Zur Reichweite und Abgrenzung der Kompetenzen von Hochschulleitung und Hochschulrat nach dem neuen Hochschulgesetz NRW

The advice and control of the university mangement reside with the university council. In this function it can make recommendations and criticize measures taken, but it can't give or issue binding guidelines and instructions to the chairmanship/rectorate. Measures of grave importance must be reported to the ministry so that in the case of the chairmanship/rectorate acting unlawfully it can intervene by legal supervision. In any case, the university council is not a »secondary government« of the university. With regard to the requirements of approval that have been granted to the university council it has its own decision-making powers and can – within its dutiful discretion – decide in favour of or against an approval. This however, does not result in a decisional authority towards the chairmanship/rectorate. The system of cooperation between the organisations is based on agreement and not on directives or conflict. Differences of opinion must be solved by mutual understanding. At the same time it must be taken into consideration that there is always the possibility of voting the members of the chairmanship/rectorship out of office However, such action can only be taken for good cause and high standards must be set insofar. In spite of this, the universities should direct their attention to finding members of the university council whose self-conception is in accordance with the legal duties of the university council. In other words, it must be ensured that the competences and powers resulting from the chairmanship's/rectorate's power of direction, on the one hand, and the position of the university council on the other, must be respected. The right mixture is of importance, which means that the university council should not only consist of external members with economic expertise but also of people with proven knowledge of the academic system.