Chancellor of the FU Berlin cannot prevent a new election

Prof Dr Klaus Herrmann

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20.01.2026

Nothing stands in the way of the election of a new chancellor at Freie Universität Berlin. The current chancellor cannot prevent the new election due in February 2026, the Higher Administrative Court (OVG) of Berlin-Brandenburg has now ruled (case no. 4 S 42/25 of 8 January 2026).

 

As a result, the current chancellor failed in her efforts to have the court prohibit the university from filling the position in summary proceedings. Following conflicts within the university management, she was banned from taking up her post with immediate effect in 2022. Last year, the Berlin Administrative Court rejected her complaint that she should continue to be employed as Chancellor as a civil servant for life (Ref.: 28 K 244/23 of 22 July 2025). Now the Higher Administrative Court, as the competent court for the main proceedings and also the court of first instance, has to decide on the urgent appeal.  

 

 

It rejected the Chancellor's application against the Senate Department for Science represented by DOMBERT Rechtsanwälte because Berlin state higher education law only permits the appointment of the Chancellor of a university as a temporary civil servant. This exception to the constitutional lifetime principle is justified due to the political responsibility of the elected and dismissable person. Even if doubts remained about the legal formulation, this would not give rise to any entitlement on the part of the chancellor, who is a temporary civil servant, to continued employment in this office for life.

 

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