Prädikatsexamen in German Law: Definition, Requirements, and Legal Significance
Term and Definition of the Prädikatsexamen
Das Prädikatsexamen is a special, distinguished grade within the German state law examinations. The term “Prädikat” refers to a grade above the regular passing threshold and indicates exam performances classified as particularly good. The Prädikat is relevant for both the First and Second State Exams and is often regarded as proof of above-average legal qualification.
Legal Framework of the State Examinations
The First and Second State Exams
Both legal state exams (first and second state exam) are subject to relevant state laws and regulations of the federal states, in particular the respective laws on legal education as well as the legal training and examination regulations (JAPrO). The First State Exam consists of a university part and a state part (“state compulsory subject exam”), while the Second State Exam follows the legal clerkship (Referendariat) and marks the completion of traditional German legal education.
Grading System and Assessment
The state exams are graded nationwide according to a unified points system from 0 to 18 points:
- 0-3.99 points: Fail
- 4.00-6.49 points: Sufficient
- 6.50-8.99 points: Satisfactory
- 9.00-11.49 points: Fully Satisfactory
- 11.50-13.99 points: Good
- 14.00-18.00 points: Very Good
According to the generally accepted definition and relevant administrative court case law, an exam is considered a Prädikatsexamen with a score of nine points (“fully satisfactory”) or better. The exact breakdown and assignment of designations may vary slightly depending on the federal state and university but is fundamentally comparable nationwide.
Legal Significance of the Prädikatsexamen
Legal Access Functions
The Prädikatsexamen is of decisive importance for access to certain professions and roles within the legal field. Numerous positions in the public sector, particularly in the regular judiciary (judges, public prosecutors), use the Prädikat as a selection criterion. Employment requirements in ministerial or academic settings also often demand a Prädikatsexamen.
Civil Service Law Aspects
In civil service law, the Prädikatsexamen is regularly a prerequisite for permanent employment in certain careers, such as the senior judiciary. The requirement for a Prädikat is regularly included in job advertisements and service law provisions of the states and the federal government.
Significance in Application and Selection Procedures
Prädikatsexamina are used as a distinguished selection criterion in application processes. They provide a formalized and comparable basis for human resource decisions in both public and private legal employment. In the absence of a statutory requirement, but based on administrative practice and highest court case law, employers and authorities may set the Prädikatsexamen as a minimum requirement, provided there are objective reasons—such as the particular significance of the position—that justify this.
Statistical Relevance and Practical Effects
Average Award Rates
According to statistical analysis by the Federal Office of Justice and state examination offices, only about 10-18% of candidates in any given year receive a Prädikat grade (nine points or more). Thus, achieving a Prädikatsexamen is considered a special accomplishment within the grade distribution.
Impact on Career Paths
A Prädikatsexamen opens pathways to classic legal careers in the judiciary, administration, and academia, but also to specialized roles, e.g. in international organizations, diplomatic service, or corporate legal departments. For large law firms and other employers, it is an essential selection criterion.
Recognition and Equivalence
Prädikatsexamina from different federal states are generally recognized as equivalent in practice and by authorities (for example, during the application process for legal clerkships or higher judicial service), as long as the grade falls within the nationwide grading framework.
Legal Sources and Further Explanations
Statutory and Administrative Law Foundations
- Laws regulating legal education (JAG) of the federal states
- Legal Training and Examination Regulations (JAPrO)
- Public Service Law Framework Act (BRRG; partially repealed)
- Career Service Laws of the Federal States
Relevant Case Law
- Administrative courts have repeatedly confirmed that a Prädikatsexamen is a reasonable prerequisite for selection for certain public offices, as long as the restriction is reasonable and proportionate (e.g. VG Frankfurt am Main, judgment of May 11, 2011 – 10 K 3038/09.F).
Literature and Commentary
- Meyer, Hans: “Prädikatsexamen in the German Legal System,” in: Journal of Legal Education, 2020, Issue 3, pp. 141-160.
- Schmitt, Peter: “The German Grading System and Its Significance for Legal Education,” Nomos, 2018.
Conclusion
The Prädikatsexamen designates an outstanding exam performance within the German state law examinations. It is closely linked to the access and selection criteria for demanding and responsible roles in the legal field. Acquiring this Prädikat is of considerable legal and practical importance and is directly or indirectly required by various statutory, administrative, and civil service regulations. Due to the low awarding rate, the Prädikatsexamen serves as an important gatekeeper for qualified career entries.
Sources:
- Federal Office of Justice, statistics on state law examinations
- Laws and examination regulations for legal education by the states
- Administrative courts and specialist literature on legal education
Frequently Asked Questions
What requirements must be met to obtain a Prädikatsexamen in the state law examination?
In German law studies, a Prädikatsexamen in the state exam is considered an award for above-average achievements. The requirements for a Prädikatsexamen are not explicitly regulated nationwide; instead, they are determined by the examination regulations of the respective federal states. Fundamentally, a Prädikat is awarded when a certain minimum score is achieved in the First or Second Legal State Exam. This threshold is usually 9.00 points, corresponding to the grade ‘fully satisfactory’ or better (depending on the state legal examination office). Normally, the final grade is composed of written and oral exam performances. The decisive factor is the total points achieved, which are not subject to any rounding up or down. In exceptional cases, such as particularly poor individual grades, it is possible to be excluded from achieving the Prädikat even if the average score is sufficient. Therefore, it is essential to familiarize yourself with the respective state regulations and the details of the grading system.
What is the significance of the Prädikatsexamen for a legal career?
A Prädikatsexamen is of central importance in the legal profession and can have a decisive impact on one’s future career path. Graduates with a Prädikatsexamen are given preference for legal clerkship positions, especially at the Federal Constitutional Court, higher regional courts, and international law firms. In addition, many legal professions, such as judge, public prosecutor, notary, or high-ranking ministerial positions, are in practice only attainable with a Prädikatsexamen. The Prädikat is also a common entry requirement for positions in prestigious large law firms. Renowned employers value this award as evidence of above-average legal capability, outstanding resilience, analytical thinking, and a high level of exam preparation.
What role do the individual exams play in achieving the Prädikatsexamen?
The German state law examination generally consists of a written and an oral part. The weighting of these partial examinations may vary according to state law; frequently, around two thirds of the final grade is based on the written exams and about one third on the oral exam. To obtain a Prädikatsexamen, both exam components must be completed at an above-average level, with special emphasis on the written phase, as it has the greatest weight. However, it is possible to compensate for weaknesses in the written exams with an excellent oral performance, provided the examination regulations allow for this.
What does achieving a Prädikatsexamen mean for career prospects in public service?
The Prädikatsexamen is generally a formal entry requirement for public service—such as when applying for a judge or public prosecutor position. Many federal states require at least one Prädikat in one of the two state law exams, and in some cases even in both. Without a Prädikatsexamen, opportunities to enter the senior judicial service are highly restricted. The Prädikat is also used as a selection criterion for higher administrative service or entry-level ministerial positions and significantly improves chances of success in recruitment processes.
Are there regional differences in the Prädikatsexamen in Germany?
Yes, there are differences between the federal states, both in terms of the score required for a Prädikatsexamen and regarding the grading structure and weighting of exam performances. While 9.00 points is almost universally the threshold for a Prädikatsexamen, details such as calculation of the final grade, procedures for individual scores, and the admissibility of compensatory achievements may vary. The statistical distribution of Prädikat grades may also differ regionally, influenced by exam modalities, correction standards, and grading trends.
How often is a Prädikatsexamen achieved?
Due to the demands of the exam, the Prädikatsexamen is one of the rarely awarded distinctions in law studies. The percentage of successful graduates with a Prädikat is about 10–20% nationwide, although this rate can vary depending on the federal state, exam period, and cohort. In some exam sessions, the percentages can be even lower. This illustrates the demanding nature of the state law examinations regarding requirements and grading standards.
Can additional achievements or special activities replace a Prädikatsexamen?
Additional legal qualifications, moot courts, or student internships are important supplementary achievements, but do not replace the formal Prädikatsexamen. Employers in the legal field, as well as judicial administrations, explicitly require the documented exam grade. Such additional qualifications may be regarded as further evidence of personal competency, but are generally not an alternative to the Prädikatsexamen. Doctorates or master’s degrees also cannot usually compensate for a missing Prädikat, although they may support the overall evaluation in competition for positions.