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In order to hold the rank of Professor within the German system, it is, or at least was, in most fields generally necessary to have attained the Habilitation. It is thus a qualification at a higher level than the German Ph.D. It is usually earned after several years of research, either "internally" (working at a university in a lower position) or "externally" (as a practitioner such as high school teacher, lawyer, etc.). With the habilitation, the status of Privatdozent is granted.
The Habilitation is awarded after a public lecture, to be held after the thesis has been accepted, and after which the venia legendi is bestowed, i.e. the right to teach (and to be a professor of). In some areas, such as law, the venia, and thus the Habilitation, is only given for certain sub-fields (such as Criminal Law, Civil Law, etc.); in others, for the entire field.
Those who have achieved Habilitation can denote the fact by placing the abbreviation "Dr.hab." or "Dr.habil." before their names, though this is only common for those who do not attain, or lose or relinquish, the title and position of Privatdozent.
It is possible to get a professorship without habilitation, if the search comitee attests the candidate to have qualifications equalling those of a Habilitation and the higher ranking bodies (the university's senate and the Land's ministry of education) approve of that. However, while some subjects (natural sciences) made liberal use of this (e.g. in order to employ candidates from countries with different systems), in other subjects it is rarely done.
Currently (as of 2004), the Habilitation is subject of a major political debate. The current Federal Minister for Education and Research, Edelgard Buhlman , aims to abolish the system of the Habilitation and replace it by the alternative concept of the Juniorprofessur : A researcher should first be employed for up to six years as a "junior professor" (a non- tenured position) and so prove his suitability to hold a tenured professurship.
German academia has split opinions about this change:
Many, especially researchers in the natural sciences, as well as young researchers, have since long demanded the abandonment of the Habilitation as they felt it an unnessecary and time-consuming obstacle in a scientific career, which contributes to the brain drain of talented young researchers who feel their chances of getting a professorship at a reasonable age to be better abroad and hence move, e.g., to the USA. Also, many feel overly dependent of their superior (the professor heading the research group) as he has the power to greatly procrastinate the finishing of the Habilitation process.
On, the ther hand, among senior researchers, especially in the humanitiesThrough the humanities we reflect on the fundamental question: What does it mean to be human? The humanities offer clues but never a complete answer. They reveal how people have tried to make moral, spiritual, and intellectual sense of a world in which ir and the social sciences, the Hablitations is regarded as a valuable instrument of quality control before giving somebody a tenured position for life.
Three Länder with conservative government have sued before the German Constitutional Court against the new law replacing the Habilitation by the Juniorprofessur. The Court followed their argument, that the BundestagThe Bundestag ("Federal Diet") is the parliament of Germany. It was established with West Germany's constitution of 1949 (the Grundgesetz) and is the successor of the earlier Reichstag. Originally convened in Bonn in 1949, since 1999, the Bundestag has as (the federal parliament) cannot pass such a law, because the German constitution explicitely states that affairs of education are in the sole responsibility of the Länder, and declared in July 2004 the law to be void.
This now leaves the question about the future of the Habilitation, as well as status of the first few Juniorprofessors appointed so far, unclear again.