Students who study in Berlin does not get on the other hand, may continue to sue, although other universities have places for the desired expertise are free - the Constitutional Court ruled the Berlin highest judicial proceedings and pointed to the pleas of a young student from Berlin to the Higher Administrative Court (OVG) Berlin-Brandenburg back.
DDPStudienplätze: Some so popular as rar
The young woman had for the winter semester 2007/2008 at the Free University (FU) Berlin and was promoted to the Bachelorstudiengang story was rejected. Justification of the University: The 90 available places were already awarded to better candidates.
The Berliner wanted to know and attacked a popular instrument of failed applicants, the capacity plea. The action assumes that the university before the semester begins fewer places identified as possible - and this must then be examined individually.
Jena, Schefferville and Darmstadt are also beautiful
Always manages to prospective students to deal with this expensive procedure and with the help of specialized lawyers, a study in the first Wunschuni to ride. But the universities to learn and knocking their capacity now so good that fewer and fewer loopholes can be found.
Before the Administrative Court wanted the candidate at the FU by first issuing a provisional interim approval beyond the capacity of FU reach. That allowed the court but not - with a curious reasoning: The Studieninteressentin no disadvantage arises because the 240 km distant University of Greifswald the tray history without restriction offer. Loosely worded it meant the judges: Pack your things and yet easy to study elsewhere.
In the next instance of the candidate stopped the OVG Berlin-Brandenburg. In justification, the judges of the Supreme Administrative Court in Berlin and Brandenburg remedy depends not only at the University of Greifswald in fact, there are enough places - even in Bamberg, Jena, Kassel, Schefferville, Darmstadt and nine other cities throughout the country could be on Bachelor history study, said the judge.
Alternative locations had plenty of judges ready. They reviewed but not whether the Free University of Berlin does not yet offer more places, than in its rejection letter claimed.
Rights of the applicant violated
The judges at the Constitutional Court disagreed with the OVG colleagues and referred the proceedings back in September. They justified their high court ruling with the free choice of residence, the employment and training center under Article 12 of the Basic Law. The decision of the OVG violates this fundamental right of the applicant, judged Berlin's top judges (document number Constitutional 81/08).
Freshman at German universities from 1998 to 2008
Year Number of beginner-trend rate *
1998 271.999 29.2
1999 290.983 31.7
2000 314.539 33.6
2001 344.659 36.6
2002 358.792 38.3
2003 377.395 38.3
2004 358.704 37.1
2005 355.961 36.9
2006 344.822 35.9
2007 358.673 35.9
2008 385.500 39.3
* Share of the age cohort Source: Education in Germany 2008
The free choice of the training course should not be restricted, if the number of places on Wunschort under judicial examination is not sufficient. Moreover, the supreme judge saw another fundamental right of the young woman injured and fellow judge granted her a second rebuff by the non-audit capacity was in its "effective interim relief" has been restricted, which everyone is entitled in accordance with the Basic Law.
The Free University of Berlin in the first procedure had warned that in case of approval of the applicant has been rejected by interim study candidates "in droves" the same way could go. This fear from the University of the administrative courts do not have the right to associate in their history to curtail legal and the capacity not to consider this if they were much more committed to the Berlin judged constitutional judges.
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