My question is mainly a follow-up on this answer.
I understand and know that it is unconstitutional in Germany to restrict access to universities without necessity and that it is hard for a university to prove that it can only accept 132 students next semester and not 133.
On the other hand, the following two things are not challenged by the courts
- fail rates of 80-90% in the first semester, often encountered in mathematics. One could argue that is also a restriction on the "freedom of profession" because the courses and exams are too difficult and it is not necessary to fail that many students.
- failure to provide the necessary funds. The states could easily enlarge the study programs e.g. for medicine by giving more money to the universities. But I never heard that a court ordered another million EUR for a university so that the university can accept all students that want to come.
So my question is: What exactly is the legal idea of "freedom of profession" and how does it apply to universities?