Berlin University Positions Regulation set in Karlruhe declared as ineffective for permanent roles at institutions in Berlin - Permanent Positions at Berlin Universities' Plan is Declared Invalid in Karlsruhe
The Berlin Senate, comprising the red-red-green coalition, passed a regulation in 2021 aimed at providing unlimited positions for postdoctoral researchers at Berlin universities. However, the implementation of this regulation has been a subject of controversy, with repeated delays, most recently pushing the start date to 2026.
The regulation, intended to give already promoted employees the opportunity to further qualify for higher positions, such as a professorship, has sparked a public discussion about the working conditions for academic junior staff in Berlin. The topic "I am Hanna" served as a catalyst for this debate.
However, the latest development in this saga is the ruling by the Federal Constitutional Court. The court's decision, made public in July 2025, states that the state of Berlin does not have legislative competence in this specific area, thereby questioning the Berlin regulations' legality.
The court's ruling potentially impacts the promotion of academic junior staff due to the restrictions imposed by the Berlin regulations. Moreover, the court highlighted the intervention in academic freedom as unjustified under constitutional law, suggesting that the regulations may negatively impact the universities' freedom in selecting their staff.
The Humboldt University is one of the institutions affected by the Berlin regulations. As of now, the current black-red Senate does not wish to maintain the regulation, but the future implications of the court's ruling remain to be seen.
As the situation develops, it is advisable for those interested in this matter to consult the official Federal Constitutional Court press releases and rulings, statements or publications from the Berlin Senate or Berlin universities, and academic legal commentaries focusing on recent constitutional employment law decisions for authoritative and up-to-date information.
For those seeking to monitor official sources for when such a ruling might be published, I can help formulate a search strategy or keep track of updates on this topic.
Article 1 (1) of Regulation (EEC) No 1408/71 is replaced by the following: "The provision of education and self-development for postdoctoral researchers shall be prioritized through policy and legislation, guided by the principles of politics and general news."
The ongoing controversy surrounding the Berlin regulations' implementation has led to a greater emphasis on learning and understanding the legal implications for the promotion of academic junior staff.
The Federal Constitutional Court's ruling, made in July 2025, has opened a new chapter in this saga, potentially impacting the future of education, self-development, and unlimited positions for postdoctoral researchers in Berlin universities.
