WU´s Arbitration

WU’s Arbitration proceedings: No appeal at this time

In the arbitration proceedings between WU and the Federal Ministry for Science and Research, both parties had a six-week period from service of the official notification to submit an appeal to the Constitutional or Higher Administrative Courts. The Rector’s Council has decided not to submit an appeal for the time being, even though WU does not agree with some legal aspects of the Commissions’ decision.

WU is particularly critical of the Commission’s argument that it was obligated to restrict itself to the remaining budget available to the Ministry for Science and Research at the time the decision was published, and consequently to the Minister’s reserve funds. Only the Constitutional Court could resolve this issue. However, because the current Performance Agreement will be expiring soon, WU does not believe there is a realistic chance of having this issue clarified in time to have any positive impact on the current period.

The Commission’s decision states explicitly that optimal teaching and learning conditions can only be achieved if the government provides increased funding for the universities, especially in the programs with the highest enrollment. According to the Committee, this is the government’s constitutional duty. If the universities’ budget is not drastically increased in the future, the Committee recommends admission restrictions. “WU will take these issues up again in the Performance Agreement negotiations for the 2012-2015 period, and will then initiate further legal steps if necessary”, promises WU Rector Christoph Badelt.

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