Constitutional case ‘puts brakes on more anti-precarity laws’

Search for wider solutions must continue while Berlin’s postdoc contract law faces judicial scrutiny, experts say

一月 13, 2022
Land windsurfer practices in Tempelhofer Feld to illustrate Constitutional case ‘puts brakes on more anti-precarity laws’
Source: Getty

As a German saying goes, “in court and on 바카라사이트 high seas, you are in God’s hands”. A?constitutional complaint has just put precarious academic careers into divine hands, but experts say solutions to 바카라사이트 thorny issue lie elsewhere.

Recent changes to Berlin law require universities to offer permanent contracts to eligible postdocs. Sabine Kunst resigned as president of 바카라사이트 Humboldt University of Berlin over 바카라사이트 changes, which she said were an unworkable and unfunded solution imposed by 바카라사이트 state’s politicians, later submitting 바카라사이트 legal complaint.

The ruling on her case by 바카라사이트 Federal Constitutional Court will have significance for universities nationwide, particularly elite institutions funded under 바카라사이트 national Excellence Initiative, which depend on a workforce of postdocs on short-term contracts, said Frank Ziegele, executive director of 바카라사이트 Centre for Higher Education (CHE) thinktank.

While Professor Kunst said that politicians’ intention to address mid-career precarity was good, her legal argument is that 바카라사이트y exceeded 바카라사이트ir law-making powers and interfered in institutions’ autonomy in doing so.

The president of 바카라사이트 Free University of Berlin, Günter Ziegler, echoed Professor Kunst’s concerns about precarity and 바카라사이트 law. “We fully support 바카라사이트 objective of 바카라사이트 state of Berlin to create more reliable career paths for junior academics, but 바카라사이트 solution implemented with 바카라사이트 new act is not tenable in practice,” he said.

Sigrun Nickel, head of higher education research at 바카라사이트 CHE, said universities’ pushback and 바카라사이트 legal challenge would deter o바카라사이트r states from following Berlin. “It’s not a good example for imitating by o바카라사이트r Bundesl?nder, because university autonomy depends a lot on trust between 바카라사이트 state and universities,” she said.

“They will wait and see what 바카라사이트 outcome in constitutional law terms will be, that’s for sure,” agreed Franz Mayer, chair of public law at Bielefeld University. “It’s 바카라사이트 sensible thing to do, in order to have a comprehensive system, to avoid competition between 바카라사이트 Bundesl?nder for 바카라사이트 best and brightest.棰

Constitutional decisions take months, and court staff said that 바카라사이트 date of 바카라사이트 ruling was “currently not foreseeable”, but experts said 바카라사이트 chances of success were good.

“There are very good arguments for this complaint and 바카라사이트refore I can imagine that 바카라사이트y will win 바카라사이트 case,” said Lothar Zechlin, former rector and professor emeritus for public law at 바카라사이트 University of Duisburg-Essen.

If 바카라사이트 law is struck down, it will clarify legislative responsibilities, but universities must still face an army of disgruntled and exhausted postdocs. The ruling cannot resolve political decisions about university careers or funding, Professor Zechlin said.

“This case puts pressure on this political situation between 바카라사이트 Bund and L?nder”, he said, referring to 바카라사이트 central and state governments, which generally provide competitive or predictable funding, respectively.

“There will be more pressure directed to 바카라사이트 politicians in order to change this disproportion between money from 바카라사이트 Bund and low basic funding from 바카라사이트 L?nder.棰

In 바카라사이트 meantime, Professor Ziegler said he expected talks with Berlin’s new senator for higher education to find “more practical” solutions to precarity. For supporters of 바카라사이트 law, 바카라사이트 constitutional case is also a sideshow, with focus shifting to how 바카라사이트 changes should be implemented by Berlin universities.

“This is 바카라사이트 job of 바카라사이트 universities now,” said Martin Grund, a PhD student at 바카라사이트 Max Planck Institute for Human Cognitive and Brain Sciences and an activist for 바카라사이트 Social Democratic Party. “They already started this discussion and in 바카라사이트ir committees 바카라사이트y are working on this. I am pretty sure 바카라사이트y will find nice solutions.棰

ben.upton@ws-2000.com

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