aa) The legislature itself may not determine details of the content of academic teaching, in an effort to ensure the quality of academic teaching, as this would disregard the intrinsic rationale of research and teaching, which is protected by fundamental rights. Rather, any criteria for evaluating the quality of research and teaching to which the legislature attaches consequences must leave room for research and teaching to determine its own focus and orientation autonomously (cf. BVerfGE 111, 333 <358>). Thus, within systems of quality assurance, the legislature must at least establish procedural and organisational safeguards to protect the freedom of research and teaching: in addition to the defensive right against interferences in specific cases and concerning individual persons, a guarantee of adequate participation by academics applies in this respect as well (cf. BVerfGE 35, 79 <115 and 116>; established case-law). This guarantee protects against academically inadequate decisions that are taken by actors from within higher education institutions, as well as by third parties that have been granted decision-making powers within the academic system (cf. BVerfGE 127, 87 <115>; 130, 263 <299 and 300>; 136, 338 <363 para. 57>). Thus, with regard to assessment decisions concerning fundamental rights, the legislature must determine by whom these decisions are to be taken and what the relevant procedure will be (cf. BVerfGE 61, 210 <252> with further references). With respect to quality assurance in higher education, the legislature must also establish a comprehensive structure in which decision-making powers and participation rights, influence, information and monitoring, are designed in a manner that avoids jeopardising free academic teaching (cf. BVerfGE 111, 333 <355>; 127, 87 <116>; 136, 338 <363 para. 57>). In order to avoid potential external control that would be academically inadequate, sufficient participation by academics is indispensable, especially in the process of determining evaluation criteria. This applies all the more where evaluation criteria are set by actors outside the higher education institutions, as this increases the risk that academic concerns are disregarded, and where the members of higher education institutions are dependent on the external evaluation. It is necessary to ensure that consideration is given to the fact that criteria may, and in some cases must, vary in respect of different disciplines (cf. BVerfGE 111, 333 <358 and 359>). Likewise, it must be ensured that the criteria chosen are sufficiently open – e.g., by way of flexibility or experimentation clauses –, to allow for a variety of course programmes within a field of study and diverse instructional methodologies and organisational profiles.