Statutes of the German Rectors’ Conference

(This English translation of the German original is for information purposes only and has no legal force. The German abbreviation, HRK, will be used throughout the text.)

Statutes of the German Rectors' Conference (HRK)

as amended on 1 January 2007

Article 1 – Responsibilities

(1) The German Rectors' Conference (Hochschulrektorenkonferenz – HRK) is an association of higher education institutions in which the member institutions work together to fulfil their responsibilities in the fields of research, teaching, promotion of young researchers and scientists, academic continuing education, technology and knowledge transfer, international cooperation. The HRK also represents and protects the other interests and concerns that its members share.

(2) To this end, the HRK, in particular

(a) Promotes cooperation between higher education institutions,

(b) Informs member higher education institutions of policy developments and problem areas,

(d) Formulates positions and statements on higher education and research policy questions,

(e) Represents the interests of the member higher education institutions vis-à-vis the public and in political decision-making processes,

(f) Maintains and cultivates international relations.

(3) The HRK cooperates with suitable organisations at home and abroad to promote its goals and to fulfil its tasks and responsibilities.

(4) The HRK receives its necessary human and financial resources from the Foundation for the Promotion of the German Rectors’ Conference (Stiftung zur Förderung der Hochschulrektorenkonferenz) as set out in Article 2 of the Statutes of the Foundation for the Promotion of the German Rectors' Conference of 9 July 1965, as most recently amended.

Article 2 – Registered Offices

The Registered Offices of the German Rectors' Conference are located in Bonn.

Members

Article 3 – Membership Criteria

(1) Membership of the HRK is open to public and state-approved higher education institutions operating in Germany under German law as long as they are recognised as equivalent to the higher education institutions associated in the Member Group to which they are to be assigned.

(2) Members are assigned to Member Groups in accordance with the respective types of higher education institutions (Article 4).

(3) The criteria for determining equivalency as per Paragraph 1 are, in particular, the institution's legal form, its size and autonomy, the range of subjects and the quality of teaching, the scope and quality of research, the number and employment status of the academic staff, and the infrastructure.

Article 4 – Member Groups, Membership Fees

(1) The Members are listed in the Appendices to these Statutes and are assigned to these as follows:

Appendix 1: Universities, Technical Universities
Appendix 2: Universities of Applied Sciences
Appendix 3: Universities of Education in Baden-Württemberg
Appendix 4: Colleges of Art and Music
Appendix 5: Philosophical-Theological Colleges and Church-maintained Colleges
Appendix 6: Other Higher Education Institutions.

(2) Besides the Member Groups, members are, as part of the HRK, free to form subgroups, circles, associations and similar subordinate bodies. The President of the HRK must be advised of their composition, their management and their objectives. The Senate discusses and decides on the recognition of such subdivisions as part of the HRK.

(3) The Members pay fees, unless alternative arrangements have been made between the Foundation for the Promotion of the HRK and the relevant state authorities. The level of these membership fees is set by the General Meeting in accordance with general criteria.

Article 5 – Admission of New Members

Upon motion by a Member and after preliminary deliberation by the Executive Board, including consideration of the position taken by the State Rectors' Conference in the State in which the higher education institution is located, the General Meeting decides on the admission of new members and of their assignment to one of the Appendices (Member Groups) as set out in Article 4, Paragraph 1.

Article 6 – Decision-Making and Subsidiary Bodies

(1) The Decision-Making Bodies of the HRK are

- the General Meeting,

- the Senate,

- the Executive Board, and

- the President.

(2) The Subsidiary Bodies of the HRK are the Member Groups as defined by Article 25 of these Statutes.

General Meeting

Article 7 – Responsibilities

(1) The General Meeting is the supreme decision-making body of the HRK. It is, notwithstanding matters assigned elsewhere to it in these Statutes, in particular responsible for

1. discussing and deciding on policy issues and questions of particular importance,

2. electing the President and the Vice-Presidents in accordance with the provisions of Article 17, Paragraph 1, No. 2,

3. deciding on amendments to the Statutes of the HRK,

4. receiving and discussing the Executive Board's Report,

5. deciding on the budget.

Article 8 – Votes and Representation

(1) 1. Each member holds at least 1 vote.

2. Members with

a) 5,000 and more, but fewer than 10,000 students, hold 2 votes,
b) 10,000 and more, but fewer than 15,000 students, hold 3 votes,
c) 15,000 and more, but fewer than 20,000 students, hold 4 votes,
d) 20,000 and more, but fewer than 25,000 students, hold 5 votes,
e) 25,000 and more, but fewer than 30,000 students, hold 6 votes,
f) 30,000 and more, but fewer than 35,000 students, hold 7 votes,
g) 35,000 and more, but fewer than 40,000 students, hold 8, votes,
h) 40,000 and more students, hold 9 votes.

3. The number of votes per member is determined on the basis of the latest official statistics and applies for the respective term in office of the President.

(2) It is not possible to transfer votes to other members.

(3) Members are represented by their Rectors/Presidents.

(4) The persons specified in Paragraph 3 are represented in the General Meeting in accordance with the rights of the relevant member higher education institution.

(5) The Members of the Executive Board who do not hold a vote in the General Meeting attend sessions in a consultative capacity. Notwithstanding the right of the General Meeting to consult other persons itself, the Executive Board decides on the consultation of other persons.

Article 9 – General Meetings

(1) The General Meeting convenes at least once in every half-yearly period. One General Meeting should be held in connection with an Annual Meeting

(2) As far as necessary, the President may convene extraordinary sessions of the General Meeting. If the Senate so decides or if at least one quarter of the Members so motion, the President is required to convene a General Meeting.

(3) Invitations to the General Meeting should be received by the Members together with a draft agenda 14 days prior to the meeting.

(4) The General Meeting decides on the agenda at the beginning of each meeting. Motions on the agenda may be placed by each member of the HRK, by the Members of the Executive Board, and by the Senate. Motions should have been received by the President of the HRK at least four weeks prior to the meeting.

(5) The Executive Board or one quarter of the Members or the majority of a Member Group (Article 4, Paragraph 1) may, notwithstanding the provisions of Article 25, Paragraph 4, demand that a case is treated in substance by the General Meeting; Paragraph 2 applies accordingly.

Article 10 – Quorum

(1) The General Meeting is quorate when enough members are present to ensure that at least half the maximum number of possible votes has been reached. The presence of a quorum must be determined by the President at the beginning of the meeting. The quorum is considered as given for the General Meeting unless the absence of a quorum has been determined by motion.

(2) Resolutions adopted by the General Meeting are, insofar as they affect Members, communicated in the form of recommendations.

(3) Decisions and resolutions presented by the Executive Board and/or the Senate or proposed by members of the General Meeting are adopted by a majority of the maximum number of votes held by the attending members. The Executive Board may decide or the Senate may motion for resolutions and decisions to be adopted in a written procedure as long as at least one quarter of the vote-holding members do not object within 14 days.

(4) If decisions are to be made on resolutions proposed by Member Groups, their adoption requires the majority of votes as defined in Paragraph 3, Clause 1, of the members of the General Meeting and of the Member Group(s) affected by the matter.

(5) Decisions that amend these statutes require a two-thirds majority of the maximum possible number of votes; Paragraph 3, Clause 2 does not apply.

(6) The Minutes of resolutions adopted by the General Meeting must be sent to members within four weeks of each meeting.

Article 11 – HRK Annual Meeting

The President will generally convene an Annual Meeting of the HRK at least once a year to provide a forum for the members to discuss higher education policy questions among themselves and with representatives of politics and society.

The Senate

Article 12 – Responsibilities

(1) The Senate is responsible for discussing medium- and long-term initiatives, plans and strategies.

(2) The Senate is further responsible for discussing and adopting resolutions on matters that have not been assigned to other bodies (Article 6, Paragraph 1). In particular, the interests and concerns of the State Rectors' Conferences must be considered.

(3) The Senate makes recommendations and adopts resolutions.

Article 13 – Members and Votes

(1) The Senate is made up of

16 representatives of the members as defined by Article 4, Paragraph 1, Appendix 1,
16 representatives of the members as defined by Article 4, Paragraph 1, Appendix 2,
1 representative of the members as defined by Article 4, Paragraph 1, Appendix 3,
2 representatives of the members as defined by Article 4, Paragraph 1, Appendix 4,
1 representative of the members as defined by Article 4, Paragraph 1, Appendix 5.
(2) The Senate Members who represent the Member Groups as defined in Article 4, Paragraph 1, Appendices 1 and 2 are delegated by the respective State Rectors’ Conferences.

(3) The Members as defined by Article 4, Paragraph 1, Appendix 1 each delegate one representative per state. Together, they hold 33 votes that are distributed as follows:
Baden-Württemberg 4
Bavaria 4
Berlin 2
Brandenburg 1
Bremen 1
Hamburg 1
Hesse 3
Mecklenburg-West Pomerania 1
Lower Saxony 3
North Rhine-Westphalia 6
Rhineland-Palatinate 1
Saarland 1
Saxony 2
Saxony-Anhalt 1
Schleswig-Holstein 1
Thuringia 1

(4) The Members as defined in Article 4, Paragraph 1, Appendix 2 each delegate one representative per state.

(5) The Colleges of Art and Music each delegate one representative.

(6) Each representative of a Member as defined in Paragraph 1 as per Article 4 Paragraph 1, Appendices 2 through 5 holds one vote. If not entitled to vote in accordance with Paragraph 1, the Members of the Executive Board serve as Members of the Senate in a consultative capacity.

Article 14 – Transfer of Votes and Representation

Votes cannot be transferred. A permanent deputy must be nominated in accordance with the procedure set out in Article 13, Paragraphs 1, 2 and 5 for each member.

Article 15 – Senate Meetings, Decision-Making and Guests

(1) As a rule, the Senate will convene four times a year. At least one of the meetings will serve as a Strategy Meeting. Article 9, Paragraphs 2 through 5 will apply accordingly.

(2) Article 10, Paragraphs 1 through 3, Clause 1 and Paragraph 4 apply accordingly in respect of quorum and decision-making. The minutes of the resolutions adopted by the Senate will be sent to all HRK members. Article 10, Paragraph 6 applies accordingly.

(3) The Executive Board decides on the invitation of guests to the Senate, and in particularly to the Strategy Meetings.

The Executive Board

Article 16 – Responsibilities

(1) The Executive Board is headed by the President and is the Executive Management Body of the HRK responsible for performing the tasks set out in Article 1.

(2) The Executive Board is also responsible for considering the interests and concerns of the Member Groups and of hearing their respective speakers on such matters.

(3) The Executive Board is bound by the decisions and resolutions of the General Meeting and the Senate.

Article 17 – Members of the Executive Board

(1) The Members of the Executive Board are:

1. The President

2. The five Vice-Presidents elected by the General Meeting in accordance with Article 18, of which one should be a member of a Member Higher Education Institution as defined in Article 4, Paragraph 1, Appendix 2. Each of the Vice-Presidents should be assigned responsibility for a respective area.

3. The two speakers elected by the Universities Member Group Assembly and the Universities of Applied Sciences Member Group Assembly, respectively, each serve as Vice-Presidents on the Executive Board.

(2) The Executive Board governs the division of responsibilities among its members, in particular, the assigned areas, as well as the permanent representation of the President by the Vice-Presidents. The Executive Board reaches its decisions by majority vote of the attending members. In the event of a tie, the President's vote will be decisive. The Executive Board may commission experts to represent the HRK on other bodies or to exercise special responsibilities.

(3) The President, the Vice-Presidents and the Secretary-General form the Board of the Foundation for the Promotion of the HRK. The Board presents the draft budget.

Article 18 – Election of Vice-Presidents

(1) The Vice-Presidents as defined in Article 17, Paragraph 1, No. 2 are each elected for a two-year term of office by separate and secret ballot prior to 1 August with a majority vote of the General Meeting as defined in Article 10, Paragraph 3, Clause 1. Article 20, Paragraph 2, Clause 1 applies accordingly. Vice-Presidents may be re-elected twice.

(2) Before a Vice-President is elected, the President will nominate one or several candidates for the General Meeting. If the term of office of the nominated Vice-President coincides with that of the designated President, the right of nomination will lie with the designated President.

(3) If a Vice-President resigns from office ahead of schedule, a by-election will be held for the remaining term of office of the departing incumbent. If the term of office of the nominated Vice-President coincides with the terms of office of both the President and the designated President, both will exercise the right of nomination together.

(4) Twenty-five vote-holding Members are required for each nomination of a candidate.

(5) If the elected candidate does not accept the election, the right of nomination for the required new election will be governed by Paragraph 2 or Paragraph 3 respectively.

(6) Paragraph 1 and Paragraph 3, Clause 1 apply accordingly for the election of the Speakers of the Member Groups.

The President

Article 19 – Responsibilities

(1) The President holds office in a full-time capacity, represents and speaks for the members in their entirety, heads the Executive Board, and is responsible for and sets the general policy guidelines.

(2) The President convenes the General Meeting, the Senate and the Executive Board with invitations that include the draft agenda, and chairs the sessions.

(3) The President must execute the resolutions and decisions of the General Meeting, the Senate and the Executive Board. Between sessions, the President is responsible for the day-to-day business. The President has a right and duty to inform members of all matters.

Article 20 - Election

(1) The President is elected by the majority of members of the General Meeting as defined in Article 10 , Paragraph 3, Clause 1. Elections are held by secret ballot.

(2) Only individuals who hold or have held the office of Rector/President can be elected as President of the HRK. The President may be re-elected once.

(3) The elected person is entitled, until assuming office, to attend all decision-making and subordinate bodies of the HRK in an advisory capacity.

Article 21 – Term of Office

(1) The President has a three-year term of office. The term begins on 1 September of the year of election and ends on 31 August of the third year after election, provided that a new President has been elected. Otherwise, the term of office will be extended until such time as a new President is elected.

(2) The term of office also ends if the General Meeting elects a new President ahead of schedule. In this case, the term of office of the new President begins with the acceptance of the election and ends on 31 August of the third year after the year of election.

(3) Early election is, with the exception of the President leaving office ahead of schedule, only permitted if at least twenty-five vote-holding members have stated in writing that they wish to nominate a candidate who has consented to the nomination in writing. A period of four weeks must lie between the announcement of the nomination and the election.

Article 22 – Written Nomination

(1) Without prejudice to the provisions of Article 21, Paragraphs 2 and 3, the election of the President will in each case be held three months before taking office.

(2) No later than three months prior to the election will the Secretary-General call on all members to submit written nominations for candidates within two months.

(3) Nominations are only effective if the nominees declare their willingness to accept the candidature.

(4) Two months after the call for nominations, the Secretary-General will announce the names of the candidates in writing in alphabetical order without indicating which member made the nomination.

Article 23 – Electoral Procedure

(1) In the first four ballots, election is restricted to those candidates who were nominated in writing.

(2) If four ballots fail to produce a result, the list of candidates for the subsequent ballots may be extended in the same session to include members of the General Meeting, with twenty-five vote-holding members being required to nominate each additional candidate. Article 22, Paragraph 3 also applies in this case.

Article 24 – Acceptance, Nomination of Candidates from among the Members of the General Meeting

(1) After the election, the elected candidate will be asked whether the election is accepted.

(2) If the election is not accepted, new nominations will be made from among the members of the General Meeting in the same session in accordance with the procedure defined in Article 23, Paragraph 2.

(3) Written nominations in accordance with Article 22 will considered null and void if the candidates are not re-nominated as defined in Paragraph 2.

(4) The nomination procedure defined in Paragraph 2 will also apply if the written nomination procedure as set out in Article 20 fails to reach a positive result.

Article 25 – Rights and Responsibilities of Member Groups and Subdivisions

(1) The Members as defined in Article 4, Paragraph 1, Appendices 1 and 2 each form a Member Group. Each Member Group elects a Speaker and a Deputy Speaker. The Member Groups hold a General Assembly at least once a year.

(2) The Members as defined in Article 4, Paragraph 1, Appendices 4, 5 and 6 have the right to proceed in accordance with the provisions set out in Paragraph 1.

(3) The Speakers of the Member Groups convene and chair their respective General Assembly. They may draw on the services offered by the Secretariat in the exercise of these responsibilities.

(4) Assemblies serve as a forum for information exchange, for consultation and decision-making on questions of specific relevance to the respective Member Group. Resolutions adopted by the assemblies are presented to the Executive Board, which will, if so requested by the Member Group, decide without delay on whether they may be published as such. If the Executive Board reaches a negative decision in this respect, it is obliged, if so requested by the Member Group, to submit such resolutions immediately to the Senate or the General Meeting, depending on the respective responsibilities as defined in these Statutes. The Senate or the General Meeting is obliged to deal with these matters objectively in substance. The majority of the relevant Member Group(s) has the right to have their resolution motion recorded in the minutes of the Senate or General Meeting. The President will advise of such matters in the course of the general HRK public relations work.

(5) Paragraph 4 applies accordingly to subdivisions as defined in Article 4 Paragraph 2.

Article 26 – Secretariat

(1) A Secretariat has been established at HRK Head Office to support the Executive Board. The Secretariat also contributes to the preparatory work for policy and strategy decisions to be taken by the Executive Board

(2) The Secretariat is headed by a Secretary-General. The Secretary-General is bound by the decisions and resolutions adopted by the decision-making bodies, by the directives of the Executive Board and, in individual cases, by the decisions of the President. The term of office for the Secretary-General is eight years. In the event of an extension, the new term of office follows on seamlessly to the previous term.

(3) The Secretary-General is appointed by the Chair of the Board of the Foundation for the Promotion of the HRK on the basis of a nomination by the Executive Board and after hearing the Senate and the General Meeting. The Secretary-General is entitled and upon request required to attend the meetings of all decision-making bodies and committees.

(4) Departures from the provisions set out in Paragraph 2, Sentence 3 are only permissible in exceptions and require the approval of the Senate.

Article 27 – Budget and Approval of the Board

The General Meeting approves the budget upon motion by the Advisory Board of the Foundation for the Promotion of the HRK. It formally approves and discharges the Board of the Foundation for the Promotion of the HRK.

Article 28 – Non-Profit Status

(1) The HRK exclusively and directly pursues non-profit purposes for the public good as defined by the section "tax privileged purposes" of the German Fiscal Code.

(2) Any profits may only be used for purposes as set out in the statutes. Members do not receive any allocations from the resources of the HRK.

(3) No individual may gain any personal benefit, neither through administrative expenses that are alien to the purposes of the HRK nor through disproportionately high remunerations.

Article 29 – Use of Assets if the Members Withdraw or the HRK is Dissolved

(1) If the Members withdraw from the HRK or is the HRK is dissolved, members will have no rights to the assets of the HRK.

(2) If the HRK is dissolved or terminated, or if its previous purpose ceases, the assets of the HRK shall fall to the German National Academic Foundation (Studienstiftung des Deutschen Volkes), which must use these assets directly and exclusively for non-profit purposes for the public good.

Article 30 – Effective Date

These Statutes come into effect on 1 January 2007.

Appendices to the Statutes of the Hochschulrektorenkonferenz (Links to the german version):

Appendix 1: Universities, Technical Universities
Appendix 2: Universities of Applied Sciences (Fachhochschulen)
Appendix 3: Colleges of Education in Baden-Württemberg
Appendix 4: Colleges of Art and Music
Appendix 5: Philosophical-Theological Colleges affiliated to the Catholic or Lutheran Church
Appendix 6: Other Higher Education Institutions.

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