Regulations for the Use of the Central Law Library
Section 1 Purpose of the library
- The Central Law Library serves to support research, teaching, scholarly work, continuing education, and the collation of information in the field of law. Except as otherwise provided for in Sections 5 and 6 below, the Central Law Library is a reference library.
- Use of the library is governed by public law.
Section 2 Library access
- All members of the University as defined in the Hamburg higher education act (Hamburgisches Hochschulgesetz, HmbHG) holding a valid library card (Universität Hamburg library system) may use the library and access its collections and resources on the library premises (reference use).
- The director of the Central Law Library may restrict use if space, staffing, or other paramount conditions of use require such action. This does not apply to professors from the Faculty of Law.
- The director of the Central Law Library may grant individuals other than those set forth above in subsection 1 access to use the library, if there is no reason to justify an exclusion. Upon submission of an application, such persons will be issued a library card.
- Library cards are used to (electronically) monitor the entry and exit of the library. Upon prior inquiry at the Information Desk located in the lobby of the law building during the times posted therefor, individuals may gain access to the library in order to apply for a library card. Visiting scholars invited to work at the University at the invitation of a member of the Faculty of Law teaching staff may be provided with an access card for use of the library for a limited period of time.
Section 3 General rights and obligations of library users
- Whoever uses the Central Law Library must observe the library’s Regulations for Use as well as instructions from library staff and shall be held liable in accordance with general provisions for damage or loss suffered by the library for a breach of these obligations.
- Library cards must be presented upon request by any library or security staff member. Students or trainee lawyers must present their library card to prove right of entry during times of restricted access (in conjunction with Section 2 subsection 2).
- When using the library you are expected to be considerate of other library users.
- Eating, drinking, smoking (including E-cigarettes), or listening to music in the Central Law Library as well as in any stairwell, hallway, copy room, or restroom is not permitted save for in the library staff offices. Drinking water carried in a transparent bottle is permitted. Special areas are provided for group work (group work rooms and group work zones).
- Library users may not talk on the telephone anywhere in the library, including in rooms designated for group work. This also includes recording of and listening (without headphones) to voice messages.
- Bags, briefcases, or other accessories used for carrying items (with the exception of laptop sleeves) not made of transparent material, and bags, luggage, and similar items, as well as large objects, food, and drink (except for water in transparent bottles) may not be taken into the reading rooms of the Central Law Library. Animals are not permitted in the library.
- Library resources must be handled with care and safeguarded against damage and loss. Anything damaged must be reported to a librarian immediately. No comments, notes, marks, or post-it notes may be placed in any library resources. Removing pages is property damage and can be criminally prosecuted. Users must inspect the condition of the books or other library resources upon receipt before using them and immediately notify library staff about any defacement or damage.
- Users must replace library resources that have been damaged or lost, or otherwise indemnify the library for their damage or loss pursuant to general provisions; the burden of proof that a user has not breached his or her obligations lies with the user (commensurate with Section 280 subsection 1 sentence 2 of the German Civil Code (BGB)). Complete indemnity must be made upon a determination of liability. Library management shall fix the type and amount of indemnity upon a due assessment of damage.
- Library resources must be returned to their proper shelf location immediately after use.
- Library staff is authorized to inspect the content of materials and containers brought into the library.
Section 4 Special terms and conditions of use
- Library management may restrict access to certain works (e.g., loose-leaf collections, unbound periodicals, Festschriften, reference works, rare works, etc.) or impose special conditions on gaining access.
- Books may be taken to work stations only if required for the immediate work at hand. No more than 8 volumes may be taken at any one time. Excess books will be removed if this provision is breached. The library reserves the right to impose additional measures.
- Books from the Central Law Library may be copied using the photocopy machines located in the library, provided that the condition of the book allows for copying. Library management shall determine this. Library users are responsible for observing copyright laws. The library is not obligated to produce photocopies.
- Upon formal request, library administration will assign work stations to particular groups of individuals (examinees, master's students, severely disabled persons studying in the Faculty of Law) for a certain period of time, to the extent necessity dictates and provided that enough space is available. These individuals may leave up to 8 books on their tables not including loose-leaf collections, magazines, law reports, and other periodicals as well as Festschriften and reference works. All private items must be removed on leaving the library. Examinees can reserve a work station in the library from the announcement of the examination date.
- The Internet available on the OPAC terminals may be used only for the purpose of research and study. Research and printouts for other purposes are not permissible.
- The library offers disabled and chronically ill individuals appropriate assistance to help offset any disadvantages. Severely disabled or chronically ill status is determined in accordance with Section 3 subsection 2 of the Hamburg higher education act (HmbHG). In case of doubt, the Office for Students with Disabilities and Chronic Illnesses will be consulted.
Section 5 Lending policies
- Books and other resources shall be lent out according to the following provisions. Resources from the reference collection in the Periodicals Reading Room, loose-leaf collections, journals, law reports, and other periodicals as well as Festschriften and reference works cannot be borrowed.
- From Friday 2 pm to Monday 10 am, students may borrow up to 2 books. Examinees may borrow up to 4 books over this period.
Books may be borrowed each Friday from 2 pm to 5 pm. Books may be borrowed upon presentation of a library card from the Universität Hamburg library system. Please note that copies or photographs of the card are not accepted. If electronic registration of the borrowed books is not possible, the books may nevertheless be borrowed upon presentation of a library card. Resources are considered lent to the person registered once books have been lent and tendered by library staff. The person named on the library card used to borrow books shall be held responsible for the resources borrowed. Lost library cards must be reported immediately.
(2a) In accordance with the provisions of subsection 2 above, a maximum of 4 books may be borrowed by students with children under 12 years of age (proven through the presentation of a birth certificate and picture ID card of the student) from Monday to Friday from8 am to 5 pm for a maximum duration of 1 week. The library reserves the right to exclude from this books in high demand or request that users return such books before the lending period expires.
- Individuals who are registered as having borrowed books shall be held liable for books that are either not returned or returned late. Liability shall include the cost of replacement. The library may replace resources without providing notice thereof. Additional administrative fees will apply as per the fee schedule for the State and University Library Carl von Ossietzky. If the borrower alleges that he or she is not responsible for the breach of his or her obligation, then he or she must prove this fact (commensurate with Section 280 subsection 1 BGB).
- Professors and lecturers from the Faculty of Law may borrow an unlimited number of books for a period of 4 weeks and a subsequent accommodation period of 183 days. During this accommodation period books must be returned only if other users have requested them. The limitations contained in subsection 1 sentence 2 do not apply to this group of users (in compliance with Section 4 subsection 1). The media stipulated in subsection 1 sentence 2 may be borrowed by professors of the Faculty of Law for a maximum of 1 day.
- Subsection 4 applies to research associates in the Faculty of Law mutatis mutandis, except that loose-leaf collections and periodicals (bound magazine volumes, unbound periodicals for the current year) may not be borrowed.
- Adjunct lecturers in the Faculty of Law may borrow books for a period of 4 weeks.
Doctoral students and Habilitanden/Habilitandinnen (post doctoral researchers) who are not employed by Universität Hamburg may apply for permission to use the Central Law Library and its facilities, including the authorization to borrow books for a period of up to 4 weeks, provided that they can establish a specific academic and institutional association with a professor of the Faculty of Law that extends beyond the status of doctoral student or Habilitand; the availability of the borrowed books at the Faculty of Law is ensured; and their proper return is guaranteed.
- Subsection 6 shall apply mutatis mutandis to visiting scholars invited to work at the University at the invitation of a teaching staff member from the Faculty of Law for the duration of their stay at Universität Hamburg.
- Professors and research associates from other faculties at Universität Hamburg and other state higher education institutions as defined in Section 1 HmbHG may borrow books from Monday through Friday from 8 am to 5 pm for a period of up to 4 weeks.
Section 6 Authorization to borrow in special cases
Library resources may be used outside of the library by others than those set forth in Section 5 upon the grant of a special borrowing authorization. The director of the Central Law Library shall decide on authorization. The authorization may be restricted or limited in duration.
Section 7 Disciplinary measures and library ban
- In the case of disruptions to library operation, the director of the Central Law Library may decide on the appropriate measures to be taken to ensure orderly operation of the library.
- If a user repeatedly or grievously violates the provisions of the Regulations for Use, library management may temporarily ban the user from using the library, including prohibiting the user from borrowing books. The same applies for violations of the House Rules, damage to property, theft, or attempted theft.
- Users caught talking on their mobile phones in the library may be immediately expelled from the library and banned for a period ranging from 1 day to 1 week. Repeated violations may result in a ban of up to 4 weeks.
- Anyone entering the library at access control points without a valid library card will be banned from using the library for 1 day. This also applies for persons who use their library card to provide access to other persons. If this occurs repeatedly, a library ban lasting up to 4 weeks may be imposed.
Section 8 Exclusion of liability
The library shall not be held liable for the loss or damage to items brought into the library. This shall also apply to damage or loss suffered by a user because resources ordered by the user are tendered late or not at all.
Section 9 Hours of operation
- Regular hours of operation shall be posted publicly.
- The library may be closed temporarily for important reasons. Closure will be duly posted together with the grounds for closure.
Section 10 Fees and charges
Use of the library is subject to the fee structure for the State and University Library Hamburg, Carl von Ossietzky, as amended, which is posted on the Central Law Library’s homepage. Fees may be paid using cashless payment systems (via a TeleCash device) only at the Central Law Library.
Section 11 House rules and regulatory authority
Pursuant to Section 81 subsection 4 sentence 2 HmbHG, the director of the Central Law Library shall exercise domiciliary rights and regulatory authority on the premises of the Central Law Library.
Section 12 Effective date
The Regulations for Use as amended shall become immediately effective. These Regulations replace the Regulations of Use as amended 1 January 2014.
Hamburg, 1 October 2019
Prof. Dr. Tilman Repgen
Director of the Central Law Library