Frequently Asked Questions About the Revised Preamble to the Basic Charter

No. It wasn't abolished; it was revised.

The revised version reads: 

The University of Kassel is committed to the preservation of peace, the prevention of war, and the strengthening of the free democratic basic order in its research, teaching, and knowledge transfer. In this spirit, research, teaching, and knowledge transfer at the university shall serve peaceful purposes. Researchers and faculty members are particularly aware of the challenge of distinguishing between the civilian and potentially military applications of their work. They act with a sense of responsibility to contribute to the peaceful coexistence of people. The University of Kassel supports them in this through a structured process within the framework of academic self-governance.

The university is intertwined with social and geopolitical developments. These have changed in recent years. Against this backdrop, the previous wording of the civil clause seemed outdated for the following reasons:

• A civil clause can only ever be of an appellative nature. Since academic freedom is protected by the Basic Law, no institutional regulation can establish corresponding prohibitions. 
• Against the backdrop of rapidly changing political conditions, rising tendencies toward hostility toward science, and attempts to politically undermine the free democratic basic order, the protection of academic freedom and university autonomy is of great importance for the future of the university. 
• The previous civil clause ignored the dual-use issue. It failed to take into account that research subjects today can be used and applied in a wide variety of contexts without this necessarily being apparent at the time of development.
• Under the previous wording, responsibility for the use of research results was placed exclusively at the institutional level (the university), without addressing the individual responsibility of researchers. 

After repeated calls within the Senate for the matter to be addressed, the Senate established a working group. The working group addressed the question of how the Basic Regulations could be updated to remain relevant and continue to reflect the responsibilities of the academic community. The working group was composed of representatives from all staff categories. The revised version was preceded by an extended discussion process lasting over 1.5 years.

Under the Hessian Higher Education Act, the decision regarding the Basic Regulations falls within the Senate’s responsibilities.

Various status groups are represented in the Senate (nine professors, three research staff members, two administrative and technical staff members, and three students). All senators are elected by the university community through a democratic process. The composition of the Senate is governed by the Hessian Higher Education Act. The constitutional basis for the professorial majority is rooted in academic freedom. Researchers are expected to organize the space for their academic work independently.

Students participate in decision-making through their elected representatives. The decision regarding the preamble to the Basic Order—also known as the “civil clause”—was approved by a vote of 12 to 5 in favor of the amendment. 

A student referendum can provide an indication of opinion within the student body. However, it does not replace the Senate’s decision as required by law. 

The senators discussed at length how to formulate the university’s mission statement in the preamble. The majority concluded that the term “peaceful purposes” best reflects this mission. This is because even research projects with an originally civilian focus can potentially be used for military purposes and thereby endanger peace. At the same time, individual projects with a military connection can also be compatible with peaceful purposes if, for example, they serve defense. Furthermore, many projects do not have a clear civilian or military focus. 

The Senate’s wording thus opens up, for the first time, the possibility of critically examining not only the underlying intention but also the potential use and contribution to peace of all projects in research, teaching, and knowledge transfer. This possibility constitutes the great added value of the new version. 

Whether a research project is consistent with the university’s commitment to peace must be assessed on a case-by-case basis. In doing so, different framework conditions and a multitude of factors must be taken into account—ranging from the commissioning party to the participating partners and the development context, all the way to the expected benefits of the research results.

Civil and peace clauses are structured differently at German universities. Some explicitly require that research and teaching serve civil purposes, while others stipulate a commitment to peaceful goals. Still others combine both approaches.

The meaning of a clause therefore does not derive solely from individual terms, but from the interplay of its provisions and their practical implementation.

The new Kassel preamble must also be considered in its entirety. The omission of the phrase “civil purposes” therefore does not alone determine the interpretation of the entire provision.

• An overview of all civil clauses at German universities

No. Both the previous and current preambles to the Basic Law are of an appellative nature and cannot establish a general legal prohibition. 

This is because academic freedom is protected by Article 5, paragraph 3, of the Basic Law. Academic freedom may be restricted only where other rights protected by the Basic Law are affected. 

It cannot be inferred from the revised version that the university will conduct defense research in the future.

There is no established tradition of defense research at the University of Kassel. However, the university is already engaged in research topics that address various aspects of security. These include, for example, the resilience of civilian infrastructure, information security, and the relationship between security and climate change. 

The university’s current research priorities, scientific centers, and research centers have no connection to defense, and—especially in light of the revised civil clause—it is not to be expected that such a connection will be established in the future. 

The amendment to the university’s constitution therefore does not lead to a strategic reorientation of our university. 

The new preamble provides for supporting researchers through a structured process of academic self-governance. This process is currently being developed. Initial key points, developed in consultation with the existing ethics committee, have already been discussed by the Senate. The relevant regulations will be decided through the normal committee process. Issues concerning the relationship between the Basic Charter and teaching will also be addressed through a structured process.