Coronavirus: News

Decision-making in university committees

[20.03.2020] According to the current status of the respective by-laws of the committees at the UDE, resolutions are generally to be passed in one meeting, so that video/telephone conferences are not permitted in the absence of regulations under the Articles of Association. However, the committees can pass resolutions by way of circulation if no member objects to this.

In matters that cannot be postponed, in which a resolution of the committee cannot be brought about in time, the chairman has sole decision-making authority (this does not apply to elections).

In view of the current extensive restrictions on public and official life, in many cases a (urgent) sole competence can be assumed simply because it is impossible to convene the body in time.

In the practical implementation, there are also no legal objections to the following procedure:

To secure the sole decision, the chairperson organises a consultation via video conference, an e-mail-supported survey or the like in order to discuss or secure the decision. She/he then makes the decision.
Formally, the sole decision remains the sole decision. However, the advice and support of the committee can be offered or ensured. The formal regulations (summons, quorum, majority requirements, etc.) are not directly applicable, because it is only the advisory support of the sole decision. Documentation of the decision-making process can be useful.
A factual justification (see above) for the sole decision must of course be given.

Similarly, an e-mail-based circulation procedure does not raise any legal objections if the committee members agree to this procedure and the other rules of the order are observed.