Frequently Asked Questions

The scientific commission of Lower Saxony (WKN) has evaluated the implementation of the foundation model for higher education institutions in Lower Saxony and has reached the conclusion to recommend it.

Excerpt from the WKN report issued at the end of 2019:

"Overall, the foundation model for higher education institutions in Lower Saxony has proved a success. Rights included in this model, such as the right to appoint professors or the authority to plan and implement building projects, as well as additional aspects such as the supervisory role of the foundation council, have resulted in a positive development of higher education institutions that have implemented the foundation model, especially with regard to fulfilling the increasing demands that higher education institutions face. For members of higher education institutions, the implementation of the foundation model led to an increased ability to identify themselves with their institution, thus creating another success factor for a positive development of foundations under public law in higher education." (p. 49)

"In view of the model's benefits, the WKN encourages higher education institutions in Lower Saxony that are currently funded by the state to evaluate the possibility of implementing the foundation model." (p. 5)

Based on this evaluation and taking into account the experience of existing foundations under public law in Lower Saxony, as well as the encouragement of the WKN quoted above, the Presidential Board of LUH has decided to discuss a possible transformation of the university structure.

Upon their request and by decree of the state government, higher education institutions can be transformed into a foundation under public law which has legal capacity, not a private foundation. If the university became a foundation, it would be less dependent on the state; however, this would not constitute a form of privatisation. The term foundation is not legally registered. For this reason, foundation models in higher education implemented in other federal states cannot be compared to the foundation model for state-run institutions in Lower Saxony.

LUH would exercise autonomy in personnel matters and have the right to plan and implement building projects. These privileges would be granted indefinitely. The latter has already been granted by decree of the Ministry of Science and Culture – however, this right may be revoked at any time. In the foundation model, the right to plan and implement building projects as well as autonomy in personnel matters are established by law. Moreover, the right to appoint professors would be granted indefinitely.

The University Council too is currently supported via positions within the staff unit. These might need to be expanded to a certain extent, since the foundation council would require more support than the current University Council.

The State of Lower Saxony actively approves of the increased independence that the foundation model provides for higher education institutions, since they are not considered subordinate regional administrations, but publicly funded institutions competing on a national and international level. Additional autonomy and greater leeway in higher education is an advantage for all involved parties – both for the state and the institutions. Other federal states have granted more leeway in higher education via different legal models, such as the corporate model implemented in North Rhine-Westphalia. 

The status of the university as a corporation under public law with the right to self-government would remain unaffected. Instead of a directly state-funded institution, LUH would simply become a foundation under public law. The current structure of the university would remain unaffected. For this reason, a transformation into a foundation would not affect the student body and the membership structure of the university would be maintained. Students would still be represented in university bodies, such as the Senate, Faculty Councils or Student Body Councils. Students would still participate in meetings of the new foundation council in an advisory role - just like they do in University Council meetings. If the university became a foundation, student bodies would remain unaffected as well.

No, fees for students would not be increased if the university were transformed into a foundation.

Degrees would be recognised in the same manner.

If the university became a foundation under public law, the study programme would still be determined by target agreements concluded with the state in accordance with the development plan for higher education in Lower Saxony. In this regard, there is no difference between foundations under public law and state-run higher education institutions. Teaching activities as well as academic freedom defined in the Basic Law for the Federal Republic of Germany would also remain unaffected.

The study programme at a foundation under public law is not funded via external donations. Instead, state funds are used to fulfil day-to-day duties (study programme, basic research equipment, promoting young researchers, etc.). These duties as well as funds allocated to foundations in order to fulfil them are determined by target agreements concluded with the state.

Just like the University Council, the foundation council would comprise five higher education experts appointed by the Ministry of Science and Culture of Lower Saxony (MWK) in agreement with the Senate, that are not members of the university, as well as one member of the university appointed by the Senate and one MWK representative.

As specified in the Lower Saxony Higher Education Act, one student representative would participate in meetings of the foundation council in an advisory role – just like they do in the University Council.

Status groups are represented in the Faculty Councils and the Senate. In the foundation model, the Senate decides upon university regulations and exercises a crucial and permanent influence on the composition of university management and the foundation council. Therefore, the influence of status groups on essential decision-making processes would be secured.

The composition of the foundation council is governed by the Lower Saxony Higher Education Act (section 60 subsection 1 NHG, see section 5.1) and does not include donors as additional members of the council. Furthermore, the Senate exercises a permanent influence on the composition of the foundation council (see sections 5.1 and 5.1.2).

The Ministry of Science and Culture of Lower Saxony (MWK) would supervise legal issues within the foundation council. Moreover, the foundation council would comprise one MWK member. The state audit office would supervise the financial management of the foundation. In agreement with the Senate, the MWK would appoint members of the foundation council or vote members out of office upon request of the Senate.

If valid reason is given, members of the foundation council may be dismissed by the Ministry of Science and Culture (section 60 subsection 1 sentence 2 number 1 NHG).