Against the reintroduction of regulatory law!

Dear students,

The Senate in Berlin would like to pass an amendment to the law that would make it possible to de-register students without a court order and a corresponding investigation. This should be possible if you have committed a criminal offense and/or been violent, repeatedly disrupted everyday university life or violated the dignity of another person. [Q7]

It is also intended to counteract violence and protests. The idea was originally put forward by the AfD, but the SPD and CDU are now also represented here.

Such measures were originally taken in 1968 to specifically prevent political participation and protest. [Q1, Q2] This would in turn mean that any disruption of a university context could lead to a breach of the regulations being imposed – for example ”climate protests, protests for better study and working conditions, against cuts in the university sector or restructuring”. Furthermore, they are against special punitive power by universities ”because the facts that can lead to de-registration can hardly be verified objectively and with legal certainty (by universities)”, which can encourage the criminalization of students. [Q6]

The AStA (General Students’ Committee) and the StuPa (Student Parliament) of the HTW, which are responsible for representing your interests, have the following position on this: Like many other student councils in Berlin and in some cases the university management, such as that of the TU itself, we are also against the introduction of the regulatory law. Among other things because of the following points:

A statement from the LAK also points out the following: ”Such a measure means that many students will no longer be able to finance their living expenses, e.g. through Bafög and scholarships. There is also the threat of losing a place in a hall of residence and thus the only affordable living space in Berlin. For many students without German citizenship, even their residence permit and thus their right to stay depends on their enrollment.” [Q1]

You can find more detailed information with a critical look at the legal situation, examples and backgrounds and why we students are partly restricted in our basic rights – something that should be given to all of us – in the statement of the Landesastenkonferenz (LAK) Berlin. (very worth reading)

The possibility of achieving the original goals of protection and a good learning environment, which the CDU and SPD were striving for, will probably be missed in the current formulation due to the lack of concretization in the law itself, which is interpreted as “flexibility”. Instead of implementing the draft law, other ASten are calling on their universities, the federal government and the federal states to counteract such crimes through education, prevention, clarification and reappraisal. [Q3 and Q4] There is also the opinion that not only ”safe spaces” should be created at universities, but also the opportunity to engage in open discourse and resolve conflicts with one another – albeit within a framework that is required by the state, which allows other opinions to be dealt with safely. [Q5]

There are also voices in favor of the bill, such as the Ring Christlich-Demokratischer Studenten (RCDS), the Jewish Student Union (JSUD), the liberal university group (LHG), CampusGrün and the JUSO university groups. They are in favor of expelling students from German universities nationwide if they are violent, delinquent or extremist. This gives the impression that they did not consider all points of view or left out issues for other reasons. However, in your statement you ignore all other points, consequences and other possible solutions. [Q8] Within the respective youth and university organizations, there were also dissociations from this statement.

The question arises as to what extent open discourse with freedom of expression and the opportunity to protest go hand in hand with regulated procedures that are intended to judge people who are probably not trained to deal with such sensitive issues. Likewise, to what extent the right to free development is satisfied by choosing and attending a course of study for the rest of our lives. Where can students get politically involved and how can they take action against discrimination, e.g. against teachers, when old power structures are often reinforced in which students participate and are consulted, as in the draft law and the current situation, but often their voice does not carry as much weight? How can we stand up for you under such circumstances? Is it up to us to decide whether you are allowed to stay at university? And how can we be sure that we know the facts?

Are you against the draft law and forced exmatriculation? Or are you more in favor of people being allowed to have a say in addition to the separation of powers? Do you have any questions? Feel free to contact the AStA by email or drop in at a meeting.

On 11.04.2024 at 18:00 there will be a panel discussion on this topic, organized by the Landesastenkonferenz Berlin. You are cordially invited!

“Comeback of a bad idea? – Against the reintroduction of regulatory law!” at TU Berlin, room H 1012.

We from AStA & StuPa hope that you will be able to realize your plans despite the planned changes and have a successful semester ahead of you!

Best regards
Your AStA