Concept and definition of the administrative rotation
Die Administrative rotation is a practical stage of training included in the legal clerkship for the second state legal examination (assessor’s exam) in Germany. It is a mandatory component of the legal traineeship and serves to familiarize future fully qualified lawyers with the operational procedures, organizational structures, and decision-making processes of public administration. The administrative rotation usually follows the civil law rotation and supplements the legal clerkship with administrative content.
Legal basis and regulations
Statutory foundations
The central legal basis for the administrative rotation is the German Judiciary Act (DRiG) as well as the relevant training and examination regulations of the federal states (e.g. JAG – Legal Training Act of the federal states). Therefore, the specific implementation may vary slightly from state to state. However, the most important nationwide requirements are governed by the DRiG and the administrative provisions concerning practical training.
Section 5 DRiG and state regulations
Pursuant to Section 5 (2) of the DRiG, practical training must provide insights into various legal professions, including expressly administrative practice. The federal states specify this in the legal clerkship regulations, under which a separate rotation in administration of several months’ duration is compulsory in all states.
Duration and timetable
The administrative rotation usually lasts three to four months and generally takes place as the third rotation within the overall two-year preparatory service. The exact time frame can be found in the respective state laws and training regulations.
Content and objectives of the administrative rotation
Compulsory rotation and training position
During the administrative rotation, training at a government authority or other public administrative office is mandatory. Possible training posts include in particular:
- Local administrations (city, district, municipality)
- State ministries
- Federal ministries
- District governments or state directorates
- Police authorities and regulatory offices
- State or federal administrative courts, sometimes as an alternative option
Training objective
The aim of the administrative rotation is to familiarize legal trainees with public administration, its tasks, processes, and decision-making procedures. Typically, trainees should
- practically participate in the drafting of administrative acts, decisions, and legal opinions,
- gain insight into internal administrative procedures,
- apply the basics of administrative law in a practical context,
- develop legal examination skills concerning administrative actions.
Training process
During the administrative rotation, trainees are supervised by an assigned trainer at the authority. The training process typically includes
- participation in written exam courses or working groups with administrative law content,
- completion of file and drafting assignments (e.g. drafts of notices or decisions on objections),
- discussion of practice-relevant cases from various areas of public law, e.g. building law, police law, regulatory law, or environmental law,
- attendance at hearings, committee meetings, or on-site appointments,
- in some cases, involvement in court proceedings if, for example, the rotation takes place at an administrative court authority.
Assessment and examination relevance
Training achievements
During the administrative rotation, each trainee is usually required to prepare a training paper, for example, a file presentation or a legal opinion. The assessment of this work regularly influences the rotation grade, which, together with the grades from other rotations, contributes to the overall legal clerkship certificate.
Examination relevance
The knowledge and experience gained from the administrative rotation are directly relevant for the Second state legal examination. In particular, the following are examined:
- Structures and fields of application of administrative law,
- Structure and reasoning for administrative acts,
- Understanding of procedural and substantive legal particularities of administrative law,
- Ability to handle practical cases and case scenarios.
Comparison with other training rotations
In contrast to the civil and criminal law rotations, which primarily take place at courts, and to the legal practice rotation, which is undertaken in law firms, the administrative rotation is characterized by its close relevance to public administration. It provides a deeper understanding of decision-making management within authorities and opens up additional career paths in the public sector.
Elective rotation in addition
In contrast to the mandatory administrative rotation, the so-called elective rotation at the end of the legal clerkship is more flexibly structured. Under certain conditions, administration may also serve as the focus of the elective rotation, for example in specialized authorities or international organizations.
Significance of the administrative rotation for career prospects
Preparation for administrative law
The administrative rotation holds special significance for trainees seeking a career in the public sector, particularly in government administration or in judicial service for public law. It is a key phase for acquiring in-depth knowledge of administrative law and the procedures of state authorities.
Insight into administrative practice
By participating in specific administrative work processes, trainees gain practical insights into administrative actions that are essential for future areas of work such as a judgeship at an administrative court, positions in higher administrative service, roles in ministries, or in municipal administrations.
Summary
The administrative rotation is a compulsory part of the legal clerkship, offering intensive, practice-oriented training in the field of public administration. Its legal framework is determined by the DRiG and the respective state regulations. The rotation provides administrative law and administration-specific skills and comprehensively prepares trainees for future tasks in public service and administrative law. The completed administrative rotation is of high relevance for both training and the second state examination.Relevant legal bases and references:
- German Judiciary Act (DRiG)
- Legal Training Acts of the federal states
- Training and examination regulations for lawyers of the federal states
- Information sheets of local training authorities
Frequently asked questions
What tasks does a legal trainee undertake in the administrative rotation?
During the administrative rotation in the legal clerkship, legal trainees are obliged to actively support their supervisor in handling administrative legal matters. Key tasks include the substantive preparation and follow-up of administrative acts, participation in administrative proceedings, in particular drafting notices, decisions on objections, and handling submissions or petitions. Furthermore, legal trainees are regularly entrusted with the legal review of administrative processes, for example in the context of statements or expert reports. Other duties include attending meetings at the authority, potentially drafting decision templates, and preparing briefs, reports, or memoranda on administrative law issues. The specific tasks depend on the authority assigned and the current needs of the supervisor but must always provide opportunities to apply and deepen administrative law knowledge in practice.
In which institutions can the administrative rotation be completed?
Legal trainees usually complete the administrative rotation at a German administrative authority at the federal, state, or municipal level, such as ministries, district offices, county administrations, regional governments, city administrations, or at state offices and authorities. In special exceptional cases, it is also possible to perform the rotation at public-law corporations, institutions, or foundations, provided that genuine administrative legal activities are carried out there. Under certain conditions, even a stay abroad may be recognized, for example at embassies or representations of international organizations, if a connection to German administrative law is ensured. The choice of the training post is fundamentally up to the individual trainee, subject to approval by the competent higher regional court or the responsible judicial administration.
How is supervision organized during the administrative rotation from a legal standpoint?
The professional and disciplinary supervision in the administrative rotation is exercised by the respective assigned supervisor, who, in legal terms, acts as an authorized superior. The allocation of tasks, quality control, and guidance in relation to examination tasks falls under their responsibility. In addition to direct professional supervision, the administrative rotation is also subject to official supervision by the competent higher regional court or the judicial examination offices, which ensure compliance with the training and examination regulations. Disciplinary matters, such as disciplinary measures or leave, are also regulated in accordance with the legal requirements of the respective specific state laws.
What legal requirements apply to the content of training in the administrative rotation?
The specific content of training in the administrative rotation is determined by the German Judiciary Act (DRiG), the individual state provisions, as well as the training and examination regulations for lawyers. Content includes essential areas of administrative law, including general and special administrative law (e.g. police and regulatory law, planning and environmental law, municipal law, social and public service law). The training must be structured so that the trainees gain insight into administrative workflows and can understand the practical relevance of administrative law norms. Independent drafting and processing of administrative law cases is equally important as orientation towards actual events taking place at the authority. There is an obligation to promote the ability to balance public interest and the individual rights of affected parties from a legal perspective.
What examination achievements are required in the administrative rotation?
During the administrative rotation, at least one written examination must be completed, often in the form of so-called “file work,” where a typical administrative scenario must be assessed comprehensively from a legal perspective. In some federal states, handling an “administrative case” (usually a decision on an objection or a detailed legal opinion on an administrative legal dispute) may be required. Occasionally, legal trainees must additionally obtain a rotation grade from their supervisor—this grade evaluates the practical work and commitment shown during the training period. These examination achievements are an integral part of the second state legal examination and largely determine the final grade for the administrative rotation.
What legal obligations for cooperation and confidentiality apply to legal trainees?
Legal trainees are subject to the same official obligations during the administrative rotation as civil servants in preparatory service, which includes in particular the duty of confidentiality regarding all official matters and personal data pursuant to Section 67 of the Federal Civil Servants Act (BBG) or corresponding state regulations. A breach of this duty can have disciplinary consequences. Legal trainees are also required to personally carry out the tasks assigned to them and to process relevant administrative procedures to the best of their knowledge and belief in compliance with legal requirements. They must follow all instructions given by their supervisors, provided these are legal, and in their activities, they must consider the common good as well as the rights of third parties.
Is an extension or shortening of the administrative rotation legally possible?
An extension of the administrative rotation is generally only permissible for compelling official or personal reasons, such as prolonged illness, maternity or parental leave, and must always be expressly approved by the relevant authority (usually the higher regional court or examination office). Shortening the rotation is generally excluded, as the German legal training system stipulates binding minimum periods for each rotation to ensure comprehensive training. Exceptions can only apply if equivalent prior achievements have already been accomplished or in cases of the recognition of military or alternative service periods, but even then, approval from the competent authority is required.