Law for Nonprofit-Organisations

Faculty

Faculty of Business Management and Social Sciences

Version

Version 1 of 29.11.2023.

Module identifier

22M1118

Module level

Master

Language of instruction

English

ECTS credit points and grading

5.0

Module frequency

only winterterm

Duration

1 semester

 

 

Brief description

Due to their remit, NPOs are particularly close to the state, and yet they are largely subject to the legal conditions applicable to private enterprises. In this module, students learn about the specifics of both public and private law that are characteristic of the work of NPOs.

Teaching and learning outcomes

1. Public law framework for the activities of NPOs 1.1. Basic principles of constitutional law (the principles of democracy and the rule of law in the Basic Law as the basis of state action, the division of competences in the state, fundamental rights, and national objectives) 1.2. Individual issues of administrative law for NPOs (forms of action of the state, general outline of an administrative procedure, administrative procedural law, private administrative law) 2. Framework of European law for the activities of NPOs 3. Legal forms for NPOs 3.1. Legal forms under private and public law 3.2. Taxation, including nonprofit status 3.3. Liability of NPOs 3.4. Labor law in NPOs

Overall workload

The total workload for the module is 150 hours (see also "ECTS credit points and grading").

Teaching and learning methods
Lecturer based learning
Hours of workloadType of teachingMedia implementationConcretization
35LecturePresence-
10Learning in groups / Coaching of groupsPresence-
Lecturer independent learning
Hours of workloadType of teachingMedia implementationConcretization
105Preparation/follow-up for course work-
Graded examination
  • Written examination or
  • Presentation or
  • Homework / Assignment
Exam duration and scope

Written exam: see applicable study regulations

Presentation: approx. 20-40 minutes

Written assignment: approx. 10-15 pages

The requirements are specified in the relevant class.

Recommended prior knowledge

A basic knowledge of civil law and public law is helpful, but not essential.

Knowledge Broadening

Students who have successfully completed this module are familiar with the key constitutional, administrative, and European legal frameworks governing the activities of NPOs. They are also aware of the advantages and disadvantages of different forms of organisation, including aspects of tax, labor, and liability law.

Knowledge deepening

Students who have successfully completed this module are able to identify and understand the key frameworks in national public law and European law. They have a detailed knowledge of the advantages and disadvantages of the various forms of organisation – especially under private law – in terms of organizational, tax, labor, and liability law.

Knowledge Understanding

Students who have successfully completed this module are able to assess and critically question the legal framework for the activities of NPOs.

Application and Transfer

Students who have successfully completed this module are able to creatively design and change the actions of an NPO within the national and European framework, and communicate the findings at a professional level.

Academic Innovation

Students who have successfully completed this module are able to identify legal disputes, use different opinions for the work of NPOs, and either resolve legal issues themselves or bring them to resolution using outside expertise.

Communication and Cooperation

Students who have successfully completed this module are able to engage in informed and specialist discussions with other stakeholders, and especially the state and civil society institutions, including companies, regarding legal issues in the work of NPOs.

Academic Self-Conception / Professionalism

Students who have successfully completed this module reflect on their actions in an NPO in terms of the law and the scope for action that can be derived from it, enabling them to contribute to the further development of the legal framework in the system of society as a whole.

Literature

Avenarius, Die Rechtsordnung der Bundesrepublik Deutschland, 3. Aufl., Bonn 2001; Bertelsmann Stiftung, Handbuch Stiftungen, 2. Aufl., Wiesbaden, 1999; Hakenberg, Europarecht, 9. Aufl. München 2021; Hopt/Reuter, Stiftungsrecht in Europa, K?ln 2001; Richter, Stiftungsrecht, 2. Aufl., München 2023; Robbers, Einführung in das deutsche Recht, 7. Aufl., Baden-Baden 2019; Robbers, An Introduction to German Law, 7. Aufl., Baden-Baden 2019; Salomon, The International Guide to Nonprofit Law, New York 1997; Schauhoff/Kirchhain, Handbuch der Gemeinnützigkeit, 4. Aufl., München 2023; Schlüter/Then/Walkenhorst, Foundations in Europe, London 2001; Werner/Saenger/Fischer (Hrsg.), Die Stiftung, 2. Aufl., Baden-Baden 2019; Zekoll/Wagner, Introduction to German Law, Third edition, The Hague 2019. 

Linkage to other modules

Students have the opportunity to explore content from other modules in terms of their legal aspects.

Applicability in study programs

  • Management in Nonprofit-Organisations
    • Management in Nonprofit-Organisations M.A. (01.09.2024)

    Person responsible for the module
    • Müller-Bromley, Nicolai
    Teachers
    • Müller-Bromley, Nicolai