Art Studies | Lawsuit Against Academy Cancellation: Free Art for All?

The evaluation of art is always in the eye of the beholder. However, if a committee at an art school fails to determine an applicant's artistic aptitude, this can pose a problem for aspiring artists. A student wanted to enroll in the Fine Arts program at the renowned Düsseldorf Art Academy.

However, she failed to meet the criteria of the Academy's art commission. She subsequently filed a lawsuit with the Düsseldorf Administrative Court – unsuccessfully. Only very rarely do rejected applicants file suit against rejection, according to the court.

Ina Q's dream was to study fine art. When she submitted 23 paintings in 2023 to demonstrate her suitability to the jury, she was acknowledged that "many role models can be recognized," as the Düsseldorf newspaper "Rheinische Post" reported, but that there was no individual level. This is just as important as artistic creativity, the ability to realize the work in the chosen artistic media, as well as the artistic conception and intensity of the work, according to the website of the school, where Joseph Beuys and Gerhard Richter have studied and taught.

The applicant didn't give up, persisted, and wanted to know what her work still needed to be accepted. She achieved partial success when the eight-member jury reviewed her works again. However, seven of the eight examiners stuck to their assessments, according to the "Rheinische Post" report. As with the first assessment, a reason for the non-admission was again missing. However, as a spokesperson for the Administrative Court explained to "nd," this reason has since been submitted to the court.

The examiners awarded points in three categories, ranging from 1 (excellent) to 3 (unsuitable). Q's average was reportedly 2.88, which is insufficient. The minimum grade is 2.3.

She refused to accept this rejection either. Understandably, one might think. When a state art academy decides who is granted the privilege of pursuing artistic development at a university based on more or less subjective criteria, it can raise questions.

Especially since artistic talent is difficult to measure. And since there are no interviews or follow-up questions for admission in Düsseldorf, the portfolio and the score count instead of a personal impression. In the worst case, final rejection follows. In light of this, critics repeatedly ask how free our understanding of art can ever be when it is so tightly regulated institutionally.

Q. ultimately filed a lawsuit against the second rejection notice, arguing that she doubted the commission's independence and lacked comprehensible evaluation parameters. To guard against accusations of bias, the court explained to "nd" that the commission consists of eight members. "This allows for a broad spectrum of assessments and a reliable picture."

The court also dismissed the other concern, stating that, unlike exact sciences, art and its evaluation can never be classified as right or wrong. The scope for assessment is immense, especially in the case of fine art, and cited the study regulations of the Düsseldorf Art Academy.

"The assessment for admission is not about art-historical understanding or technical skills, but exclusively about the potential to develop and express independent ideas as an artist," the court said.

It goes on to say: "Legal review is severely limited in such cases; the art academy has considerable discretion in assessing artistic suitability." Furthermore, there were no procedural errors on the part of the art academy. This means that judicial intervention options are virtually nonexistent.

Because the judge gave her little hope of success in the lawsuit during last Wednesday's oral hearing, Q. decided to drop the lawsuit. The proceedings were discontinued, and Q. will bear the legal costs. The Düsseldorf Art Academy declined to comment on the proceedings.

What remains of the process: Of course, an academy doesn't decide who is an artist. It only decides who it gives space to. Whether someone is actually artistically active remains a personal decision, not one that can be negated by scores. Q. sees it the same way. She told the "Rheinische Post" that she continues to paint and has already landed smaller commissions.