Notenabhängige Zulassungsbeschränkungen im Übergang von der Bachelor- zur Masterphase in Lehramtsstudiengängen? - 10.1628/094802108785627904 - Mohr Siebeck

Kay Hailbronner

Notenabhängige Zulassungsbeschränkungen im Übergang von der Bachelor- zur Masterphase in Lehramtsstudiengängen?

Section: Treatises
Wissenschaftsrecht (WissR)

Volume 41 () / Issue 2, pp. 106-123 (18)

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1. Regulations that make the admission to a Master's degree course dependant on whether a certain grade point average is reached in the final Bachelor examination are to be seen as a restriction of the freedom of choice of a profession according to Article 12 paragraph (1) GG (i.e. Grundgesetz = German Basic Law).2. As a subjective requirement for admission as defined by constitutional jurisdiction on Article 12 paragraph (1) GG, the restriction of admission based on specific grades is then justified if it serves the purpose of protecting community assets of special importance and is necessary, appropriate and furthermore compatible with the proportionality principle.3. The improvement in the quality of the teachers' training in Master's degree courses can be considered as a sufficiently important community asset in the sense of the constitutional court's jurisdiction. It is suitable to justify the admission of candidates only who have achieved a particularly qualified Bachelor's degree.4. The conclusion that cannot be drawn from Article 12 paragraph (1) GG is that students who have already started a degree course are entitled to continue it without having first proved that they have attained sufficient knowledge in a certain stage of their training. The right of graduates who have passed a university state examination to continue their university education in state teaching practice is based on the function of the state examination which is to check whether the candidate is suitable to enter into teaching practice. Despite the fact that for most graduates sufficient alter native professional fields are not on offer, the Bachelor's degree as a professional qualification is not comparable.5. When designing the procedure both for the final examinations in the Bachelor's degree course and the regulations relating to admission to the Master's degree course it must be taken into account that not only the improvement in the quality of teachers training in the Master's degree course but also the interests of the graduates taking a Bachelor's degree must be taken into consideration. The examination procedure must therefore give every candidate taking a Bachelor's degree a fair chance to qualify for the continuation of their chosen training to become a teacher in the public school sector.

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