Definition and fundamental differences between legal clerkship abroad and in Germany
The legal clerkship constitutes a central part of the training for future fully qualified lawyers in Germany. While the traditional legal clerkship in Germany is distinguished by a defined structure, state organization, and especially by comprehensive legal foundations, there are various models for practical legal training abroad. The following article highlights the fundamental as well as the multifaceted legal differences that exist between legal clerkship abroad and in Germany.
Legal foundations of the legal clerkship in Germany
Structure and purpose of the legal clerkship
The legal clerkship in Germany is a mandatory, legally stipulated phase of legal training that follows the First State Examination. It is anchored in the German Judiciary Act (DRiG) as well as in the respective state laws. The goal is to expand theoretical knowledge through practical experience and the application of law.
Duration and content
As a rule, the legal clerkship lasts two years. It is divided into stages, which include the following among others:
- Civil law stage (at a local or regional court)
- Criminal law stage (at a public prosecutor’s office or criminal court)
- Administrative stage (at a government agency or administrative court)
- Lawyer stage (at a law firm)
- Elective stage (for individual focus areas, also possible abroad)
Establishment of the public-law training relationship
Legal clerks have a public-law training relationship with the respective federal state. They receive a maintenance allowance in accordance with the applicable state salary laws and are subject to special rights and obligations according to the training regulations (JAG, JAO).
Forms and legal status of the legal clerkship abroad
Models of legal training abroad
Abroad, there are various concepts of practical training phases for prospective legal professionals. For example, countries such as the United Kingdom, France, or the USA use their own systems like the Legal Practice Course (LPC), Bar Exam Preparation, Stages, Clerkship, or Trainee Programs. The term “Referendariat” is generally used as a synonym for any form of legal career entry, but outside Germany it is neither uniformly structured nor legally institutionalized to the same extent.
Employment law and remuneration status
In contrast to the public-law training relationship in Germany, the arrangements abroad are mainly private employment relationships. Trainees, stagiaires, or clerks are, as a rule, employees to whom labor law and contractual regulations apply. While the trainee status in Germany establishes special protection and training entitlement, general labor law regulations usually apply abroad, with differences concerning remuneration, vacation entitlement, and social insurance.
Recognition of legal clerkship abroad in Germany
Requirements and legal frameworks
According to the legal training regulations of the federal states, it is possible to complete individual stages—particularly the elective stage—abroad. Recognition, however, is subject to strict requirements. The respective training establishment must provide substantial practical and training-related content. Further decisive criteria are linguistic and content suitability, duration, examination mode, and prior approval of the training justice authorities.
Restrictions and regulations on absences
In principle, only training phases that are comparable with domestic requirements are recognized under German JAG/JAO. Extended absences or lack of substantive depth may result in non-recognition. The foreign stage must also not exceed certain time limits. Completing the entire legal clerkship abroad is fundamentally excluded in Germany.
Differences by specialty and regional law
Distinction by training objective
While the legal clerkship in Germany is purposefully designed to prepare for later work as a judge, prosecutor, or lawyer, the orientation abroad is significantly less uniform. For example, obtaining specialized licenses, admissions (e.g., Bar Admission), or specializing in certain legal fields is common. In many jurisdictions, practical experience is indeed required, but the path to it differs and is often less regulated legally.
National statutory foundations
The legal frameworks differ significantly internationally. For instance, French law has different access and recognition requirements than, for example, the common law of the United States or Great Britain. The recognition of qualifications acquired abroad is subject to national evaluation and examination procedures.
Summary: Key legal differences between legal clerkship in Germany and abroad
- Status and legal form: In Germany, a public-law training relationship exists with specific rights and obligations. Abroad, these are mainly private law or contractual training forms.
- Statutory codification: The legal clerkship in Germany is mandatory and regulated in detail by law; abroad, there is no unified statutory basis.
- Recognition: Individual stages abroad may, upon approval and subject to certain conditions, be credited towards the German legal clerkship, but a complete legal clerkship abroad is legally excluded in Germany.
- Examination system: In Germany, legal clerkship is part of the preparatory service for the Second State Examination; elsewhere, practical training periods are often modular and do not always constitute a prerequisite for state examinations.
- Remuneration and labor law: In Germany, the maintenance allowance applies with public-law status; abroad, there are employment relationships with market-standard conditions and without a public-law training status.
Literature and legal sources
- German Judiciary Act (DRiG)
- Training regulations of the federal states (JAG, JAO)
- International legal comparisons (e.g., French “CRFPA,” UK “Legal Practice Course,” US “Clerkship” models)
- Official information from the Ministries of Justice
Knowledge of the differences and similarities between legal clerkship abroad and the German system is of equal importance for those seeking a legal career and for the authorities that decide on recognition. In practice, it is generally advisable to examine the legal requirements and restrictions in advance through the responsible training authorities.
Frequently Asked Questions
What legal requirements must be observed for a legal clerkship abroad?
For a legal clerkship abroad, the regulations of the respective federal state in which the legal preparatory service relationship exists in Germany must fundamentally be observed. The respective Legal Training Regulation of the state determines whether, to what extent, and under what conditions individual stages, especially the elective stage, may be completed abroad. For the stay abroad, approval applications must usually be submitted specifying the training objective, the specific training establishment, and its training authorization in detail. With regard to the training content to be fulfilled, the German training requirements also apply abroad, including the number of mandatory training days, the training record, and the required qualified supervision by appropriately trained professionals. Often, a German fully qualified lawyer or another legal specialist is required as a contact person abroad to ensure the equivalence of the training.
How is the recognition of stages completed abroad conducted in Germany from a legal perspective?
The recognition of stages spent abroad is governed by the German state laws, in particular the respective Legal Training or Legal Clerkship Regulations. It is important that the training completed abroad is demonstrably comparable and equivalent in content, duration, and examination performance to the stage intended in Germany. Frequently, detailed training records, certificates, and a training report must be submitted. These documents must sometimes be officially certified and, where applicable, translated into German. Recognition is granted upon request by the responsible training authority, which reviews the equivalence of the content and can impose requirements for recognition if needed.
What differences exist regarding civil servant status during a legal clerkship abroad and in Germany?
During the legal clerkship in Germany, legal clerks are generally in a public-law training relationship, usually as probationary civil servants. When completing a stage abroad, this public-law service relationship basically remains in place; however, the actual assignment abroad is declared as so-called leave of absence with continued remuneration. The obligations of civil servant status, particularly the prohibition of independent professional activity and the duty of confidentiality, continue to apply during the stay abroad. In some countries or training establishments, it may be necessary to provide proof of special insurance status or legal protection (for example, through foreign service or accident insurance) that goes beyond the usual level in Germany.
What liability consequences may arise from a stage abroad?
Within the framework of legal clerkship abroad, the liability regime of the home federal state generally continues to apply; however, additional liability risks under foreign law may arise. While in Germany state liability or protection via the state as employer applies, civil and criminal provisions of the host country must be observed abroad. In some cases, supplementary staff or professional liability insurance is required to cover claims arising from activities in the foreign legal system. A written declaration of exemption from liability by the training establishment may also be required to avoid dual liability.
What labor law differences exist regarding vacation and working hours between a legal clerkship abroad and in Germany?
The legal clerkship in Germany is subject to explicit regulations regarding working hours and vacation, as governed by the relevant civil service and state regulations. For stages abroad, it should be noted that working hours and vacation regulations there are not always the same as the German rules. Nevertheless, German legal clerks must generally take vacation according to the applicable German regulations; independently granted vacation in the host country may in some cases not be recognized or may lead to an extension of the stage. Exceeding permissible working hours or leaving the training establishment without authorization can result in disciplinary consequences.
Are there legal restrictions concerning the countries or institutions where a legal clerkship abroad can be completed?
Yes, the legal requirements usually stipulate that the training establishment abroad must offer a legal training standard comparable to the relevant stage in Germany. As a rule, only countries are accepted that have a functioning legal system with recognized courts and legal professions. Placements in countries for which the Federal Foreign Office has issued security warnings are usually excluded. In addition, the training establishment must be able to guarantee that, during the stage, involvement and work on legal issues are possible, corresponding to the German training objective. Pure NGOs or consulting activities with no legal connection are therefore often rejected.
How does foreign law affect the examination requirements to be fulfilled during the legal clerkship?
Examination requirements such as written tests, file presentations, training records or practical reports must, despite the stay abroad, fundamentally be fulfilled according to German requirements. This means that the subjects and content must refer to specific legal questions and be documented accordingly. For training records, for example, it is required that the activities performed, the increase in knowledge, and a connection to German or comparable (e.g. European) legal questions are clearly presented. Legal clerks must therefore ensure supervision and documentation during the overseas stage to meet German examination requirements.
What data protection regulations apply during a legal clerkship stage abroad?
Even during a stage abroad, the legal clerk is subject to German data protection laws, especially the GDPR (General Data Protection Regulation), if personal data is processed. In particular, care must be taken to ensure that sensitive client data is not handled carelessly abroad and that corresponding confidentiality obligations remain binding. When transferring, storing, or processing personal data outside the European Union, the special requirements for international data transfers must also be observed. The corresponding consent of the data subjects or appropriate data security guarantees must be documented; otherwise, professional and official consequences may ensue.