Changing Federal State During Legal Clerkship
The change of federal state within the framework of the legal clerkship refers to the process in which legal clerks transfer from one state judicial administration to another in order to take the second state examination in a different federal state from where they originally started. This topic is particularly relevant for individuals wishing to relocate their legal preparatory service relationship during their training period for personal, family, or professional reasons. Since legal training in Germany is largely regulated by the federal states, numerous legal requirements and procedures must be observed.
Legal Framework of the Legal Clerkship
National Regulations and Federal Differences
The legal clerkship in preparation for the second state exam is structured in Germany as a public-law training relationship. The training and organization of the clerkship are the responsibility of the individual federal states. The basis consists of the respective training and examination regulations of each state, which, despite a common basic structure, may differ in detail. Switching from one state to another during an ongoing clerkship is therefore only possible to a limited extent.
Responsibility of the State Judicial Administrations
For the legal clerkship, the responsible authority is the state judicial administration of the federal state in whose jurisdiction the clerkship is to be started or continued. Switching between federal states regularly requires the consent of both involved state judicial administrations: that of the releasing state and that of the receiving state.
Requirements for Changing Federal State During Legal Clerkship
Application Submission
The legal clerk must generally apply for the change in writing to the competent authority of the releasing state and at the same time obtain a letter of acceptance from the desired receiving state. In some cases, special forms and supporting documents are required. The application should usually contain a detailed explanation.
Reasons for Changing State
A transfer to another state is only permitted for important, case-specific reasons. Classic examples are:
- Marriage or registered civil partnership with a person living in the other state
- Care or nursing of relatives
- Serious health reasons that make moving necessary
- Other particularly important personal circumstances
A change merely to optimize personal training conditions or for general preference is usually not approved.
Procedure and Process of the Change
Examination of the Eligibility Requirements for Change
After receiving the application, the responsible state judicial administration and, if applicable, the receiving state examine the existence of an important reason. The authority’s discretion is guided by the relevant state training regulations and administrative provisions.
Transfer and Recognition of Previous Achievements
A central concern is the protection of training and examination achievements already accomplished. Since training in different states may follow different plans, it must be examined to what extent stations, training periods, written exams, oral case presentations, and other achievements can be recognized. In many cases, a detailed individual assessment is carried out, and deficits, if any, may be compensated by additional training periods.
Rights and Obligations After the Change
With acceptance in the receiving state, the legal clerk is incorporated into the training relationship there. From this point onwards, the legal provisions of the receiving state apply, both regarding training content, remuneration, and the process of the second legal state examination.
Examination Law Aspects
Recognition of Examination Achievements
The main aim of changing federal states is to be able to take the second legal state examination in the new state. Recognition of examination achievements already completed in the previous state lies within the discretion of the receiving state judicial administration, but is guided by the principles of equal opportunity and comparability of examination requirements.
Impact on Examination Admission
Each federal state has specific admission regulations and registration deadlines for the second state examination. After changing state, the new requirements must be observed, such as minimum training stations, registration deadlines, and necessary achievements.
Remuneration and Other Benefits
Continued Payment of Maintenance Allowance
When changing states, responsibility for paying the maintenance allowance generally transfers to the new state. The amount and eligibility criteria then depend on the regulations of the receiving state. Payments may be interrupted if the training does not continue seamlessly.
Benefits and Social Security Matters
Social security matters, especially with regard to health and pension insurance and, if applicable, claims for supplementary benefits, are governed from the time of the change by the rules of the receiving state and general federal regulations.
Special Features and Practical Notes
Change During Specific Training Phases
A change during ongoing training phases poses particular challenges. Especially in the compulsory phases (civil law, criminal law, administration), differences in training content and scheduling regulations can lead to problems with recognition. Changing during the elective phase is also only possible to a limited degree, as special regulations often exist here.
Frequency of Change
Multiple changes of states during a single clerkship are generally not intended and are allowed only in justified exceptional cases. The regulations of the states set high hurdles for this.
Legal Remedies and Judicial Protection
Legal recourse can be taken against negative decisions. Judicial review by an administrative court is generally limited to examining the decision-making process and compliance with the relevant procedural rules.
Summary
Changing states during the legal clerkship is a legally complex process subject to extensive requirements and reviews. Decisive for approval is the presence of particularly substantial personal reasons. The process involves several administrative steps, including the recognition of prior training achievements. The legal basis is found in the respective state regulations, supplemented by administrative law provisions. If clerks wish to change states for important reasons, early coordination with the state judicial administrations and submission of a complete application is necessary to avoid disadvantages in the further course of training.
Frequently Asked Questions
Is changing federal states during the legal clerkship generally possible?
Changing federal states during the legal clerkship is in principle possible, but strictly subject to the respective state legal provisions. The legal clerkship in the teaching profession in Germany is subject to state law, which means each federal state has its own regulations regarding recognition, career law, transfer procedures, and curricular requirements. A seamless transition generally requires an urgent personal reason (e.g., hardship, family ties), which must be substantiated. The recognition of previously completed training phases, teaching experience, and examination achievements is at the discretion of the receiving state authority and is based on their requirements, which may sometimes result in losses in credit. Another relevant point is the different structure of teacher training (e.g., orientation to types of teaching positions, subjects, examination regulations) and the personnel situation in the receiving state.
How is the application procedure for a state change during the legal clerkship structured?
The procedure for applying for a change between two federal states is formalized and generally requires the written submission of an application for discharge from the preparatory service in the previous state as well as a simultaneous application for admission to the preparatory service of the desired federal state. Supporting documentation must be attached to prove the reason for the change (for example, medical certificates, registration certificates, evidence of family ties), along with proof of already completed sections of the clerkship and achievement certificates. The accepting authority then checks whether a corresponding position in the preparatory service is available and to what extent previous training achievements can be recognized. The change process may take several months.
What legal obstacles exist concerning the recognition of previously completed achievements when changing states?
Legal obstacles arise particularly due to the different examination and training regulations of the federal states. Completed internships, teaching achievements, examinations, and theoretical courses are not automatically recognized; each state authority has its own discretion regarding comparability and transferability. In the worst case, partial or complete repetition of certain training sections may be required, which can lead to an extension of the legal clerkship. Furthermore, content distribution plans, assessments, and certificates must be submitted in the formats required by the state, otherwise recognition may be refused.
What impact does the change have on civil service status and benefits?
A change between federal states regularly leads to an interruption of probationary civil service status: Upon discharge from the preparatory service in the previous state, the civil service relationship there ends, so that for the period between discharge and new appointment to civil service in the other state, there may be a gap in benefits. Ongoing claims for supplementary benefits, entitlements, and claims to separation allowance or relocation expenses are also affected and must be clarified separately with both state authorities. It is essential that a smooth takeover is possible only with prior coordination and agreement of both state authorities. There are special features for nationals of other European Union countries, who may have to provide additional documentation.
Is there a continued entitlement to remuneration during the change?
The entitlement to candidate remuneration is suspended for the period of release from one’s own state service until reappointment as a civil servant or employee in the new state. There is no legal basis for transitional benefits, so in the worst case, a period without income must be bridged. Payment of remuneration begins with the official commencement of duties in the receiving state.
What deadlines and dates must be observed without exception?
For a successful change, the application and notification deadlines specified by state law must be observed. Discharge is generally only possible on certain dates (e.g., at the end of a training section or semester). At the same time, many states accept applications for admission to the preparatory service only at the regular entry dates (usually February or August). Compliance with these deadlines is mandatory, as retroactive admission or credit for already completed training periods is not envisaged. In cases of doubt, already completed sections of the legal clerkship may not be fully recognized.