Zwischen Staatsanstalt und Wettbewerb. Die Schulreform und ihr Beitrag zur Weiterentwicklung des Verwaltungsrechts

Between state and competition Reform of school legislation and its impact on the evolution of administrative law Education in Germany has traditionally been dominated by public (state) schools. In the past few years these public schools have been reformed on a large scale. On the one hand, they are required to develop a more independent profile. On the other hand, they are required to meet increasingly general standards of education and to run centralised exams because of the lack of skills by German pupils (“PISA!”). This article shows the inner connection of these two elements. The benchmark for the reforms is the constitutional role of the school as a public institution based on compulsory attendance: In particular, the application of fundamental rights requires the public education sector to accommodate the diversity of individual pupils, and to develop the school as a place of living pluralism. Therefore (and for as long as the school is a public institution) the theme of “competition” (between schools) has to be restricted. The reform of public schools must be committed to respect individual personalities and every child's right of self-development