Abstract Since 1960 the higher education in Germany had gone through a period of expansion. In order to raise the proportion of the enrollment and to improve the situation of the unfair chance in the education, the policy of free of charge became an important means which aims to attract the student to the higher education. But due to the difficult financial situation, the idea of the recharge of tuition has been brewing since 1990. This triggered the student movement which fought against the tuition policy in the end of 1997. In 2002, the governing party SPD forbad the charge of the tuition in Germany through the revision of the HRG. The union of the pro-tuition was against the act and asked the federal constitution court for judicial review of this article. In January 2005, the federal constitution court declared that even if the tuition policy is one of the basic matters which belongs to the competence of the federal government, the federal government has no right to legislate. Thus the revision of the HRG is invalid because it is not accord with the conception of the basic law. The declaration of the federal constitution court set spurs to the pro-tuition union, which addressed a memorandum about the basic aim and the characteristics of the tuition. Meanwhile, the legislation of relevant laws has also started. Since 2006 some federals have brought it into force, but most other federals have still refused or waited and saw.