VwGH: Entry of Foreign Academic Degrees in Passports

Jun 27, 2025 Benn-Ibler Rechtsanwälte

The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) addressed the issue of whether it is essential for the entry of a title awarded in an EU member state as an academic degree in a passport that this title is recognized by the issuing country.

Request to add "Dr.Sc." to passport

The applicant, an Austrian citizen, requested the issuance of a passport that includes the academic degree "Dr.Sc." (Doctor of Science in Business Administration), conferred upon him by a Polish private university. The passport authority declined the application and did not issue the passport with the requested entry. Despite the university being state-recognized, it lacked the authority to award doctorates for the title of "Dr.Sc." A complaint lodged by the applicant was rejected by the competent provincial administrative court. The applicant lodged an appeal against this decision with the Administrative Court. The competent provincial administrative court dismissed an appeal lodged by the applicant. The applicant lodged an appeal against this with the Administrative Court.

Academic degree must be recognized by the state in the Member State of origin

The VwGH clarified the following:

With regard to academic degrees awarded in Austria, only an academic degree that is legally defined in Austria and recognized by the state in this sense can be entered in public documents in accordance with Section 88 para. 1a of the Universities Act (UG).

With regard to designations awarded by recognized educational institutions in an EU member state, in view of the purpose of equal treatment of domestic and foreign academic degrees, only those that are recognized by the state in the country in which the educational institution is based can be entered as academic degrees in a passport. This interpretation of the term also corresponds to the principle of mutual recognition under EU law, which is based on mutual trust between the Member States.

Consequently, the appeal was dismissed because the designation "Dr.Sc." is not officially recognized by the state in Poland.

VwGH Ro 2022/01/0010 (20 March 2025)