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EACEA National Policies Platform:Eurydice
Fundamental principles and national policies

Germany

2.Organisation and governance

2.1Fundamental principles and national policies

Last update: 27 November 2023

In the Federal Republic of Germany responsibility for the education system is determined by the federal structure of the state. Under the Basic Law (Grundgesetz) the exercise of governmental powers and the fulfilment of governmental responsibility is incumbent upon the individual Länder as far as the Basic Law does not provide for or allow for any other arrangement. It contains a few fundamental provisions on questions of education, culture and science. Thus, for exampl, the Basic Law guarantees the freedom of art and scholarship, research and teaching (Art. 5, paragraph 3), the freedom of faith and creed (Art. 4), free choice of profession and of the place of training (Art. 12, paragraph 1), equality before the law (Art. 3, paragraph 1) and the rights of parents (Art. 6, paragraph 2). The entire school system is under the supervision of the state (Art. 7, paragraph 1). In addition, supreme court case law derives a right to school education from the right to free development and unfolding of the personality under Art. 2, paragraph 1, of the Basic Law and from the state's mandate to ensure school education under Art 7, paragraph 1, of the Basic Law.