It's beginning!
EU journal replacement set to start this fall. Free OA publishing for all authors from 11 supporting countries. This is Germany's DFG press release:

"New Publishing Opportunities for Researchers: Germany Joins Open Research Europe"

https://www.dfg.de/en/news/news-topics/announcements-proposals/2026/ifr-26-21

#openaccess #publishing #openscience #ORE

New Publishing Opportunities for Researchers: Germany Joins Open Research Europe

@brembs

Now, if only the funders mandated publication in these journals. Not suggested or supported or funded, but mandated: that all reports funded by the grant are to be published there. May they find the strength to do the right thing.

@albertcardona

This would be nice, but there are problems that some funders like to use to defend their inaction. For instance, in Germany, the DFG claims that academic freedom includes the choice of publishing venue. So if they mandated ORE, they would violate the German constitution.

In fact, a slightly related case has been in front of the Germany constitutional court for some years now (but nobody knows when they will take it up).

So this may work in some countries but not everywhere.

@brembs @albertcardona
The thing funders COULD mandate is to always post a #preprint before, or simultaneously with, submitting to any journal.
https://journals.plos.org/plosbiology/article?id=10.1371/journal.pbio.3000273
Plan U: Universal access to scientific and medical research via funder preprint mandates

Preprint servers are a low-cost mechanism for providing free access to research findings, and can also significantly accelerate research itself by making results available immediately. This Perspective article proposes that funding agencies should mandate preprint posting to ensure universal free access to the world’s scientific output, as well as stimulate new peer review and research evaluation initiatives.

@villavelius @albertcardona

Actually, the case before the German constitutional court is exactly an example of such a mandate for depositing a copy of an article:

https://irights.info/artikel/zweitveroeffentlichungsrecht-bundesverfassungsgericht-konstanz/31878

The decision has been overdue for 4 years now. So precisely these kinds of mandates are NOT possible everywhere - yet?

What definitely IS possible is funders mandating institutions to have a modern infrastructure - they all do this already - just not for the kind of infrastructure we're talking abiout here.

Das Zweitveröffentlichungsrecht und die Causa Konstanz

Was macht das Zweitveröffentlichungsrecht so anstößig, dass 17 Professor*innen aus Konstanz gegen die eigene Uni klagten?

iRights.info

@villavelius @albertcardona

P.S.: I actually filked something that the US would call an "amicus brief" to the German constitutional court wrt to this case. I argued that the court should judge the case on its merit and substance, rather than the judicial formalisms of the mandate in question.

@villavelius @albertcardona

Experts told me that the court is unlikely to rule on the substance matter and simply strike down the mandate for formal reasons. I argued that a decision on the substance would help academia in Germany either way:

1. If it is indeed illigal to mandate authors where they must publish, then every job ad, funding description or tenure procedure that asks for "publications in journals" violates our constitutional rights.

@villavelius @albertcardona

2. If it is not illegal, then OA mandates can indeed take effect in Germany.

Win - win either way.

I doubt the court is going to help us out,. though. It's a tough decision to make and requires expertise. Maybe that's why they're taking so many years to get to it?

@villavelius @albertcardona

Long story short: as of now, PlanU is illegal in Germany.

@brembs @albertcardona
Is the mandate illegal, or is posting a preprint before submission to a journal illegal?
If the first, then a 'Plan U light' – funders strongly advising to post a preprint first – might be considered.

@villavelius @albertcardona

It's the mandate the University of Konstanz implemented that is being sued by law professors, because they argue that your choice of venue is covered by the academic freedom clause in our constitution. This is why the lower court immediately relayed the suit to the constitutional court.

That has also been the position of the German DFG for decades. Now that the question is before the highest court, they will be even less likely to start questioning that position.