The Recognition of Higher Education Diplomas and Qualifications

The article provides an overview of the legal rules concerning the recognition of higher education diplomas and qualifications in international (including European) and German law. After an introduction to the legal framework (concerning recognition for the purpose of (self)employment on the one hand and concerning recognition for the purpose of further higher education at the other hand), it concentrates on current problems occurring in the field of recognition for the purpose of further education: It examines the transposition of the most relevant provisions in international law (i.e. the Lisbon Recognition Convention) to German national law. Afterward it illustrates the interpretation of those national provisions by German jurisdiction. A comparison between the guidelines given in international law and the application of the corresponding national provisions by the German courts reveals that current German jurisdiction does not live up to international law but contravenes its intentions.