Definition: Career in the civil service after the legal clerkship
Als Career in the civil service after the legal clerkship refers to the professional path within the public sector available to graduates of a legal clerkship—particularly in law—following successful completion of the Second State Examination. The career paths include classical civil servant careers and employment as salaried staff at the federal, state, and municipal levels. The legal clerkship plays a key role as preparatory service for entry into higher civil service positions.
Legal framework of the legal clerkship
Legal clerkship as preparatory service
The legal clerkship is a legally regulated preparatory service. Especially in the field of law, the legal clerkship is mandatory after the First State Examination in order to be admitted to the Second State Examination (§ 5 DRiG – German Judiciary Act). It provides practical experience in various training stages, such as courts, public prosecutor’s offices, and authorities. The training content and duration are governed by the respective State Laws on Legal Training and supplementary training regulations.
Admission requirements
The main admission requirements for the legal clerkship are the successful completion of the First State Examination and German citizenship or an equivalent citizenship of a European Union country. Direct entry into the civil service requires passing the Second State Examination, which confers qualification for judicial office (‘judicial qualification’ pursuant to § 5 para. 1 DRiG).
Career paths in the civil service after the legal clerkship
Civil service career in higher service
The classic career in the civil service after the legal clerkship takes the form of a trajectory in the higher service. The legal basis for appointment and promotion arises from the Civil Servants Career Acts of the Federal Government (German Federal Civil Servants Act, BBG; Federal Career Regulation, BLV) as well as the corresponding state laws.
Appointment, nomination, and probationary period
After passing the Second State Examination, civil servantsmay be appointed, depending on personnel needs, to a position in the higher service (entry position: salary group A 13). The appointment is made by issuance of an appointment certificate; the legal framework is specified in the Civil Servants Status Act (BeamtStG) and the respective civil servant laws. Before being tenured for life, a probationary period (generally three years, see § 10 BeamtStG) must be completed, during which aptitude, qualifications, and job performance are assessed.
Promotion and career advancement law
Within higher civil service, there is the possibility for career advancement through assignment to positions of higher responsibility. Salary and career-specific regulations must be observed in this context. Promotion depends on official performance assessments, standard assignments, and further training measures (see §§ 16-18 BLV). Promotions are subject to the merit principle (§ 9 BeamtStG).
Further career opportunities in the public sector
Public prosecution and judiciary
Graduateswith qualification for judicial office can apply for official positions as judges or public prosecutors. The requirements for appointment and selection procedures are set out in the German Judiciary Act (DRiG), in particular §§ 12-15 DRiG. Appointment as a civil servant on probation is also a mandatory prerequisite here. A subsequent change between judiciary, administration, and other higher service areas may be possible under certain circumstances (see § 12 DRiG).
Administration and ministries
In addition to judicial careers, positions in ministries, state administrations, subordinate authorities, or within the European Union are also available. Appointments are made according to the provisions of the respective federal or state career legislation. The positions to be filled are usually classified in salary group A 13 or a comparable pay group.
Foreign Service and Federal Administration
The Foreign Service (Foreign Office, diplomaticcareer path) as well as federal authorities (e.g. Federal Ministry, Federal Cartel Office, Federal Criminal Police Office) also recruit graduatesof the legal clerkship for higher administrative positions. These are subject to specific selection and support procedures and often require additional examinations or selection interviews.
Employment relationships in the public sector
In addition to classic civil servant status, graduates also have the option of entering into employment under collective agreements for the public sector (TVöD/TV-L). Hiring requirements and development opportunities are determined by the collective bargaining arrangements and the requirements set out in the specific job descriptions.
Remuneration and compensation
Remuneration in the civil service is based on the Federal Salary Act (BBesG) and corresponding state laws. The entry position in higher service is usually salary group A 13. For employees, classification is according to TVöD/TV-L, again typically in the higher pay groups (e.g., E 13).
Disciplinary and civil service law aspects
Civil servants are subject to both service-related and disciplinary regulations. The rights and obligations of civil servants are regulated in the BeamtStG and supplementary legal provisions. Disciplinary measures in case of duty violations are specified in the Federal Disciplinary Act or in the respective state disciplinary laws.
Further training, specialization, and promotion opportunities
There are numerous regulations and opportunities for further and continuing education for a sustainable career in the civil service, e.g. through mandatory participation in training measures (§ 42 BLV). Promotion opportunities arise from assuming management positions or switching to specialist career tracks.
Termination and retirement
A civil service relationship is terminated either by retirement, dismissal, resignation on one’s own request, or by disciplinary measures. The relevant regulations for retirement are set forth in the Civil Service Pensions Act and the pension laws of the federal states.
Legal protection and participation rights
Civil servants enjoy a comprehensive system of legal protection that allows for administrative decisions to be reviewed in objection and legal proceedings. Staff representation rights and participation opportunities are regulated in the personnel representation laws.
Conclusion
The career in the civil service after the legal clerkship is legally well regulated. It opens up diverse career paths in judiciary, administration, ministries, and other public institutions. The entry requirements, structure and prospects for advancement, rights and duties, as well as remuneration and legal protection reflect a complex constitutional framework that makes targeted planning and preparation essential for entering and advancing in one’s professional career.
Frequently asked questions
What are the legal requirements for appointment as a civil servant after the legal clerkship?
After completion of the legal preparatory service (legal clerkship), appointment as a civil servant on probation pursuant to §§ 9 ff. BeamtStG (Civil Servants Status Act) requires certain legal prerequisites. These include, in particular, successful completion of the second legal state exam, citizenship of an EU member state or an equivalent nation (§ 7 BeamtStG), personal suitability (e.g., reliability of character, loyalty to the constitution under § 7 para. 1 no. 2 BeamtStG), physical fitness—which is generally proven through recruitment medical examinations—and qualification for judicial office according to § 5 DRiG (German Judiciary Act). In addition, the regulations of the respective State Civil Service Act and any career-specific provisions must be observed (e.g., age limits under state law). A full completion of the legal clerkship replaces the formal qualification required in other careers and meets the career law requirements in most cases.
To what extent are there legal differences between federal and state applications for civil service positions after the legal clerkship?
Applying for civil service positions after the legal clerkship is subject to both federal and state-specific regulations. While the BeamtStG provides federal basic rules, individual German states establish specific details—such as age limits, selection procedures, and any additional proof requirements—through their own State Civil Service Laws (e.g., BayBG for Bavaria, LBG NRW for North Rhine-Westphalia). Furthermore, for federal authorities (e.g., federal ministries), special provisions of the Federal Civil Servants Act (BBG) apply. Applicants must therefore be familiar with and comply with the relevant state provisions. Announcements, selection processes, document requirements, and deadlines can differ and should be checked in the relevant law and job posting on a case-by-case basis.
What are the legal possibilities for switching to the higher non-technical administrative service after the legal clerkship?
Anyone wishing to transfer to the higher non-technical administrative service after the legal clerkship legally requires the qualification for the higher service, which is obtained—pursuant to §§ 7, 13 BLV (Federal Career Regulation) or the relevant state regulations—by passing the second legal state exam. Entry is usually via competitive selection according to the merit principle as set out in Article 33 para. 2 GG and §§ 9, 14 BeamtStG. In addition, special career law qualification requirements often apply (e.g., physical fitness, upper age limits, and German or EU citizenship). Direct entry generally requires applying for an advertised position, as there are no general reservations or preferential recruitment for graduates of the legal clerkship.
Are there statutory age limits for entry into the civil service after the legal clerkship?
Yes, the setting of upper age limits is regulated by the respective State Civil Service Laws or the Federal Civil Servants Act and varies between the different federal states and the federal government. For example, § 48 BBG and the corresponding provisions of state civil service laws state that the maximum age for an appointment is generally between 40 and 45 years, though individual states have different limits or provide exceptions (e.g., for severely disabled applicants or parental leave), permitting extensions. The age limit refers to the date of the initial appointment as a civil servant on probation. Exceeding the age limit can generally lead to exclusion from appointment; however, in certain cases, exemption can be granted on request if there are compelling personal or official reasons and if the prohibition of discrimination and the principle of equality are observed.
What legal aspects must be considered in probationary civil servant status after the legal clerkship?
Appointment as a civil servant on probation constitutes, under § 10 BeamtStG, the first stage of permanent employment in the civil service. Legally, it is especially important to note that during the probationary period, the aptitude, qualification, and job performance of the civil servant continue to be assessed. The probationary term varies depending on the career track and federal state—usually between three and five years—and ends either with the expiry of the statutory period or earlier in the case of outstanding performance (§ 10 para. 2 BeamtStG). During the probationary period, dismissal for lack of suitability is legally permitted (§ 34 para. 1 BeamtStG), with the affected person entitled to a hearing and a written statement of reasons. After successful completion of probation, tenure for life is granted upon application and confirmation of suitability. Special procedures and legal protection mechanisms apply in the event of disciplinary, criminal, or health-related issues during the probationary period.
What legal regulations apply to appointment as a judge after the legal clerkship?
Appointment as a judge is governed by the German Judiciary Act (DRiG). According to § 5 DRiG, qualification for judicial office, acquired by passing the second legal state examination, is required. Appointment as a judge on probation is carried out according to the implementing state laws to the DRiG, observing suitability, qualification, and professional performance in accordance with § 9 DRiG. The selection process must comply with the principle of Article 33 para. 2 GG (the ‘merit principle’). For entry as a judge, upper age limits and case-by-case regulations frequently also apply. Permanent appointment as a judge after probation generally requires a renewed assessment of official aptitude and suitability; furthermore, transfers, appointments, and dismissals are governed in detail by the DRiG and the relevant state judiciary law.
What legal remedies exist in the event of denial of civil servant status after the legal clerkship?
If civil servant status is denied—e.g., due to insufficient health or character suitability, exceeding age limits, or inadequate performance—comprehensive legal remedies are available pursuant to Article 19 para. 4 GG and the applicable civil service and administrative regulations. An objection may be lodged against the denial decision within a set deadline (usually one month from notification); afterwards, recourse to the administrative courts is possible (action before the administrative court according to § 40 VwGO). The legality of the denial decision is thoroughly reviewed in court proceedings, particularly the correct application and interpretation of statutory requirements under the Civil Servants Status Act, state civil service laws, or the DRiG, as well as constitutional principles such as the merit principle and the principle of equal treatment. Asylum law and European law issues can also be relevant in individual cases.
What are the legal consequences of voluntary resignation from the civil service after appointment as a probationary civil servant?
A voluntary resignation from the probationary civil service can be submitted at any time in writing (§ 22 BeamtStG). As a result, the civil servant generally immediately loses all rights and obligations arising from the civil service relationship. Legally relevant in this context is the waiting period regulation of § 23 (3) BeamtStG, which is particularly important for re-entering public service or claiming retirement benefits. Pension entitlements are not acquired, as a minimum period of service as a lifetime civil servant is generally required for this. Any entitlements to benefits or allowances acquired during the probationary period end upon the resignation taking effect. If subsequent employment in the public service is sought after resignation, the appointment is again subject to the statutory requirements and selection procedures.