Verwaltungsgerichtshof Baden-Württemberg - Zweitveröffentlichungspflicht von Hochschullehrern: Verwaltungsgerichtshof ruft Bundesverfassungsgericht an

Amyluv's bookmarks 2017-11-08


From Google translate:

"Secondary publication of professors: Administrative Court appeals to the Federal Constitutional Court

Date: 06.11.2017

Short description:
By order of 26 September 2017, the Verwaltungsgerichtshof Baden-Württemberg asked the Federal Constitutional Court whether § 44 (6) of the Landeshochschulgesetz - LHG - violated Art. 71, Art. 73 (1) No. 9 GG. According to the conviction of the 9th Senate, the country has no power to impose a secondary publication obligation on university teachers.
According to § 44 Abs. 6 LHG the universities shall oblige the members of their scientific staff by statute to exercise the right to non-commercial secondary publication according to § 38 Abs. 4 UrhG after a period of one year after the first publication for corresponding scientific contributions. It may also be stipulated in the articles of association that the secondary publication must be made on a university-owned document server. On this legal basis, the statute of the University of Konstanz (defendant), which forms the subject of 17 of professors (applicants) at the Administrative Court initiated judicial review proceedings (see already the press release of 07.02.2017)."

According to the conviction of the 9th Senate, § 44 (6) LHG is incompatible with the Basic Law because the Land legislature has to that extent lacked the legislative authority. According to Art. 71 Basic Law, in the area of ​​exclusive federal legislation, the Länder have the power to legislate only if and to the extent that they are expressly authorized to do so in a federal law. There is no authorization in a federal law for the enactment of § 44 (6) LHG. Under Article 73 (1) (9) of the Basic Law, the Confederation has the exclusive legislative competence in the field of copyright. Section 44 (6) LHG makes a provision in the field of copyright."


From feeds:

Open Access Tracking Project (OATP) » Amyluv's bookmarks

Tags: oa.germany oa.litigation os.publishing oa.mandates oa.rights oa.copyright oa.policies

Date tagged:

11/08/2017, 11:37

Date published:

11/08/2017, 06:37