Zum materiellen Hochschulbegriff

Both the federal and the state legislatures have so far avoided establishing a legal definition of »Hochschule« (higher education institution). Not only in the creation of new forms of higher education institutions by the legislature, but especially in the reform of higher education law and the recognition of private higher education institutions, can the determination of university status not solely be based on the formal concept of »Hochschule« with regard to the constitutional freedom of science. This article therefore presents an approach to the substantive concept of »Hochschule« based on the case law of the Bundesverfassungsgericht (German Federal Constitutional Court).