Definition and significance of accessible legal clerkship
The accessible legal clerkship refers to the legally enshrined and practically implemented guarantee of equal opportunities in training conditions for people with disabilities during the legal preparatory service (Referendariat) in Germany. It includes the adaptation of all relevant areas of the clerkship, including working conditions, examination modalities, structural facilities, and digital offerings, to the specific needs of persons with physical, mental, or cognitive impairments. The goal is to ensure non-discriminatory access to legal education and the Second State Examination.
Legal framework
Relevant legal sources
The accessible legal clerkship is safeguarded in German law by a range of regulations, in particular through:
- General Equal Treatment Act (AGG)
- Ninth Book of the German Social Code (SGB IX), in particular §§ 164 ff. SGB IX
- Disability Equality Act (BGG)
- State laws of the respective federal states, in particular training and examination regulations
- Article 3, Basic Law (GG) (“No one shall be disadvantaged because of their disability.”)
Obligation to achieve accessibility
The obligation to establish accessibility in legal clerkship is derived in particular from Social Code IX, the BGG, and the non-discrimination principle of the Basic Law. Public employers are obligated to ensure the participation of people with disabilities when designing work processes and training conditions.
Areas of application for accessibility in the clerkship
Physical accessibility
Courtrooms, judicial buildings, training institutions, and other relevant locations must be designed in accordance with DIN standards so that persons with mobility impairments can use them independently. This includes wheelchair-accessible entrances, barrier-free toilets, and guidance systems for people with visual impairments.
Technical accessibility
Digital offerings such as e-learning platforms or information portals are subject to the obligation to implement accessibility in accordance with the Accessible Information Technology Ordinance (BITV 2.0). Documents and examination materials must be provided in alternative formats (e.g., Braille, large print, accessible PDFs) if required.
Needs-based training and examination conditions
Legal trainees with disabilities are entitled to request reasonable accommodations (§ 9 para. 2 DRiG, corresponding state regulations). Reasonable accommodations include adjustments such as:
- Extension of processing time for working groups, written exams, or oral examinations
- Support by sign language interpreters or assistant personnel
- Permission to use specific technical aids
The granting of reasonable accommodations is determined on an individual basis and tailored to the specific needs of the applicant.
Application procedure and reasonable accommodation
Application submission
The application for reasonable accommodation or accessible design is usually to be submitted in writing to the relevant training authority or the state judicial examination office. The application must be accompanied by evidence of the type and extent of the impairment, such as medical certificates or disability ID cards.
Administrative procedure and exercise of discretion
The authority examines the facts on a case-by-case basis and decides, at its due discretion, whether and to what extent compensatory measures are granted. The entitlement is to a reasonable and necessary adjustment that ensures equal opportunities and upholds the principle of exam fairness, without endangering the examination objective.
Willingness to make individual adjustments and accessible communication in the application procedure are mandatory components.
Legal remedies
If an application for reasonable accommodation is rejected, legal remedies are available (e.g., objection, action before the administrative court). Judicial review covers the legality of the exercise of discretion and the compatibility with the prohibition of discrimination and participation rights.
Specifics according to type of impairment
Physical impairments
For physical impairments, the primary focus is on spatial accessibility, extended processing times, and technical aids.
Sensory impairments
People with visual or hearing impairments often require adapted examination materials, assistive technologies (screen readers, hearing systems), and possibly support from interpreters.
Mental and cognitive impairments
The focus here is on individual modifications to timing, options for retreat, and, if necessary, the use of special support.
Legal limits and examination standards
The provision of accessibility and reasonable accommodations are subject to the condition that the actual training and examination objective is not altered or lowered. This ensures that examination requirements remain consistent, but access requirements for people with disabilities are designed equally. The implementation of accessibility is always determined on a case-by-case basis, weighing the interests concerned and the principle of proportionality.
Conclusion
The accessible legal clerkship is a central component of equal participation in the legal preparatory service in Germany. Legal requirements oblige state training and examination institutions to ensure comprehensive accessibility and to grant individual reasonable accommodations. The focus is on ensuring equal opportunities while maintaining a consistent quality standard in legal education and examinations.
References and further legislation
- Basic Law for the Federal Republic of Germany, Article 3 Paragraph 3 Sentence 2
- Social Code Book IX (SGB IX) – Rehabilitation and participation of people with disabilities
- General Equal Treatment Act (AGG)
- Disability Equality Act (BGG)
- Accessible Information Technology Ordinance (BITV 2.0)
- Training and examination regulations of the federal states
This overview provides a structured and comprehensive presentation of the term and its legal context within the German legal framework.
Frequently Asked Questions
What legal entitlements to reasonable accommodation exist during the legal clerkship?
Legal trainees with disabilities or chronic illnesses are entitled to equal opportunities under § 3 para. 3 Basic Law and the relevant provisions of the General Equal Treatment Act (AGG). In particular, the Disability Equality Act (BGG) and the UN Convention on the Rights of Persons with Disabilities (UN-CRPD) oblige training authorities to grant individual reasonable accommodations. These legal frameworks apply both to trainees in civil service on probation and those in in-service preparatory service. The concrete entitlements relate in particular to access to exams, the conduct of training, necessary aids, and structural adjustments. In addition, the respective state laws (e.g., state school law, civil service law, and examination regulations) require specific provisions for reasonable accommodations during clerkship. The legal entitlement exists not only in principle but also has a direct effect vis-à-vis training and examination authorities.
What formal procedures are necessary to apply for reasonable accommodation during the legal clerkship?
Reasonable accommodation must usually be requested in writing. The legal basis for this, in addition to federal regulations (BGG, AGG), are in particular the specific examination regulations of the states (e.g., training regulations for teaching clerkship, legal state examinations, etc.). The application must be accompanied by meaningful proof of impairment (e.g., specialist medical reports, medical certificates) as well as a detailed justification specifying the particular disadvantage in the individual exam situations or training phases. The responsible authority must review the application appropriately; often a deadline must be observed (typically several weeks before the examination). There is also a right to be heard, meaning the applicant can comment on the situation. Legal recourse through administrative proceedings and, if necessary, interim legal protection is available against negative decisions.
What rights and obligations do training authorities have regarding accessibility in the legal clerkship?
Training authorities are obliged under § 7 BGG and Art. 24 UN-CRPD not only to grant reasonable accommodations but also to take all reasonable measures to avoid or remove structural and physical barriers. This applies to all training and examination locations as well as within digital teaching and learning formats. The authorities must decide on a case-by-case basis on the necessary extent of adjustments (e.g., technical aids, accessible documents, official procedures). At the same time, they must demonstrate undue burdens if certain adjustments are refused. The legal trainee, in turn, is required to adequately substantiate the impairment and its effects and to specify the desired reasonable accommodations as concretely as possible.
Are there special legal regulations regarding examination performance and deadlines?
State examination regulations regularly include special provisions for exam candidates with disabilities. These particularly include extension of processing times (“time compensation”), the provision of assistants or technical aids, and the possibility of alternative examination formats (e.g., replacement of written work by oral performance). Examination deadlines may also be extended in individually justified cases. The key is always to ensure reasonable equal opportunities without favoritism; thus, substantive requirements must not be reduced. Legal remedies against rejected applications, after exhausting administrative appeal procedures, are available via administrative courts.
Can accessible work equipment and assistance during legal clerkship be funded by the state?
Under the provisions of SGB IX and, where applicable, special statutory provisions (e.g., state-specific regulations on aids), persons with severe disabilities are entitled to appropriate accommodations, which include the provision or – if not possible – the funding of required aids (for example, laptops with screen readers, sign language interpreters). The applicant is the legal trainee, and depending on the state, the employer, the training authority, the respective integration office, or (in the case of technical equipment) the rehabilitation agency is responsible for providing the benefit. Covering the costs requires an application and medical justification. The provision of benefits must not fail because of the type of employment relationship (civil service on probation, employee status).
What legal protection options are available in disputes about accessibility during legal clerkship?
Against decisions denying reasonable accommodation or other accessible measures, ordinary administrative legal recourse is generally available. Usually, an objection must first be filed with the responsible authority, followed by an action before the administrative court. For examination decisions, a so-called review procedure may be required. In the case of particular urgency (e.g., immediately impending exams), interim legal protection pursuant to §§ 123, 80 para. 5 VwGO may be applied for. Legal remedies include actions to contest, require, or determine a claim. In addition, appeals can be made to representatives for people with severe disabilities, the Anti-Discrimination Agency, or the state commissioners for people with disabilities, who, however, act in a supportive (not formally binding) capacity.
Which groups are subject to the special provisions on accessibility in the legal clerkship?
The legal regulations apply to all persons with recognized disabilities, meaning a degree of disability (GdB) of at least 20, as well as to people with chronic illnesses resulting in a permanent functional limitation (“equated disabled persons” per § 2 para. 3 SGB IX). In addition, persons with temporary but significant impairments (e.g., after an accident or severe illness) may temporarily request reasonable accommodation if the disadvantage is substantial within the context of training or exam. For mental or non-visible disabilities, the same legal entitlements apply, but proof must often be provided by medical certificates or psychological assessments.