Our constitution, the Grundgesetz (Basic Law), provides the framework for all government funding activities. The Basic Law stipulates that Germany is a federal state. This means that both the Federation and the sixteen Länder have their own governments. The Basic Law also defines the respective responsibilities of the Federal Government and the Länder and the areas in which they may cooperate (e.g. in the context of a joint task/ Gemeinschaftsaufgabe).
Research and science
Funding from the Federal Ministry of Education and Research (BMBF) is frequently provided under funding programmes (Förderprogramme). This means that funding is provided for projects that address a specific topic. In addition to project funding, there is ‘institutional funding’, meaning the funding of institutions. Institutional funding has proved a successful tool, for example with non‑university research organizations such as the Max Planck Society (MPG) and the Deutsche Forschungsgemeinschaft (DFG). In particular, fundamental research conducted at research institutions addresses issues that are vital for our future.
Promotion of research and science as a joint task
The Grundgesetz stipulates how the Federal Government and the Länder may cooperate in the field of science, research and teaching (Article 91b (1)). Within the framework of this joint task, the Federation and the Länder can agree to cooperate in the promotion of science, research and teaching in cases of cross-regional importance. Examples include:
- the funding of non-university research institutions under the Pact for Research and Innovation,
- support for universities under the Future Contract for Strengthening Studying and Teaching in Higher Education (Zukunftsvertrag Studium und Lehre stärken),
- the Excellence Strategy.
Initiated by the BMBF, efforts were made in 2015 to markedly expand the possibilities for cooperation between the Federal Government and the Länder in the science sector in cases of cross-regional importance. The Basic Law was amended so that the Federal Government is now in a position to grant funding to universities, individual institutes or collaborating institutes on a long-term basis. Funding in the past was limited to the duration of a relevant funding programme. The amendment also makes it much easier for the Federal Government and the Länder to support cooperation between universities and non-university institutions (examples: Karlsruhe Institute of Technology/KIT, Berlin Institute of Health/BIH) and to do so much more efficiently.
Joint Science Conference (GWK)
All joint funding measures in accordance with Article 91b (1) of the Basic Law are negotiated and adopted in the Joint Science Conference (GWK). Established in 2007, the GWK is Germany’s most powerful science policy body. The members of GWK are the federal and Länder ministers responsible for science and finance. The Federal Government and the community of the Länder hold an equal number of votes and alternately chair the Conference.
Education
School education and most higher education matters are the responsibility of the Länder. The Länder coordinate their policy in these fields in the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany, the Kultusministerkonferenz (KMK). The Federal Government is represented by the BMBF as a permanent guest in the KMK’s Education Ministers Conference and Higher Education Ministers Conference as well as the preparatory conferences.
Responsibilities of the Federal Government
The Federal Government’s responsibilities in the education sector arise mainly from its legislative powers in the following areas:
- initial and continuing vocational training (Article 74 (1) nos 11 and 12 of the Basic Law); the Federal Government exercised this power, for example, when adopting the Vocational Training Act (Berufsbildungsgesetz, BBiG). It contains provisions regarding vocational training preparation, initial training, further training and retraining.
- the regulation of educational and training grants (Article 74 (1) no. 13 of the Basic Law); the Federal Government exercised this power when adopting the Federal Training Assistance Act (BAföG), the Upgrading Training Assistance Act (AFBG) and the Act to establish a national scholarship programme (Deutschlandstipendium). Since 1 January 2015, the Federal Government has been the sole provider of funding for BAföG grants.
- higher education admission and academic degrees (Article 74 (1) no. 33 of the Basic Law); however, the Länder are allowed to adopt different provisions.
The Federal Government and the Länder working together
The above-described division of responsibilities in education does not mean, however – as is often wrongly assumed – that cooperation between the Federal Government and the Länder is prohibited. They are allowed to cooperate and do so within the scope of their responsibilities. Joint initiatives include, for example, Bildungsketten in the field of vocational training, and Leistung macht Schule to support high-achieving school students.
PISA and similar studies: a joint task in the education sector
The Basic Law provides that the Federal Government and the Länder can cooperate on the assessment of the performance of the education system in international comparison and in drafting relevant reports and recommendations (Article 91b (2) Basic Law). On this basis, the Federal Government participates, for example, in the funding, coordination and analysis of the PISA and PIRLS surveys. The Federal Government and the Länder established a special steering body for this joint task in 2007.
Federal financial assistance for educational infrastructure
A further exception with regard to federal co-funding of the education sector was included in the Basic Law in August 2017; this provision was considerably expanded in early 2019 (Article 104c Basic Law). It enables the Federal Government to grant financial assistance to the Länder for investments in municipal education infrastructure that are of national importance. On this basis, the Federal Government has launched funding programmes worth billions of euros. The Digitalpakt Schule is a prominent example. Current projects such as the expansion of all-day schooling and pillar 1 of the Startchancen programme also involve financial assistance in accordance with Article 104c.
Legal basis of cooperation between the Federal Government and the Länder
Cooperation in science, research and teaching
“The Federation and the Länder may cooperate on the basis of agreements in cases of supraregional importance in the promotion of sciences, research and teaching. Agreements primarily affecting institutions of higher education shall require the consent of all the Länder. This provision shall not apply to agreements regarding the construction of research facilities, including large scientific installations.”
Article 91b (1) of the Basic Law
Cooperation in the assessment of the performance of the education system in international comparison
“The Federation and the Länder may mutually agree to cooperate for the assessment of the performance of the education system in international comparison and in drafting relevant reports and recommendations.”
Article 91b (2) of the Basic Law
Financial assistance to improve the efficiency of municipal education infrastructure
“The Federation may grant the Länder financial assistance for investments of significance to the nation as a whole, and for special limited-term expenditures on the part of the Länder and municipalities (associations of municipalities) directly connected with such investments to improve the efficiency of municipal education infrastructure. The first three sentences and the fifth and sixth sentences of paragraph (2), as well as paragraph (3) of Article 104b, shall apply, mutatis mutandis. To ensure that the funds are used for their intended purpose, the Federal Government may require the submission of reports and, where circumstances so warrant, documents.”
Article 104c of the Basic Law
Editorial deadline for this text: 01.11.2024