Definition and Distinction: Doctorate Following the Legal Clerkship
Die Doctorate following the legal clerkship refers to the attainment of a doctoral degree (usually Dr. iur.) after graduates of a law degree program have successfully completed the legal clerkship and the second state examination (assessor examination). This process is of considerable legal and organizational relevance, as the clerkship already marks the transition from academic to practical training in legal studies, and the doctorate constitutes an additional step in qualification.
Legal foundations of the doctorate after the legal clerkship
Legal regulations
The doctorate in the field of law is essentially governed by the doctoral regulations of the respective university law faculties. There are no nationwide requirements; rather, the respective state university laws and specific doctoral regulations of the universities set out the prerequisites, procedure, and requirements for the doctorate.
Requirements for admission
After completing the legal clerkship and passing the second state examination, applicants generally meet all requirements for admission to doctoral studies. Classic requirements include:
- Successful completion of the first and second legal state examinations (fully-qualified lawyer status)
- Usually an honors examination (at least “vollbefriedigend”/“fully satisfactory”) in the first or second state examination, although concrete requirements depend on the faculty
- Occasionally required language proficiency (e.g., Latin, English)
- Proof of previous academic achievements
Doctoral procedure
The doctoral procedure usually consists of several stages:
- Acceptance as a doctoral candidate: Following application and verification of the formal prerequisites, acceptance into the doctoral procedure takes place.
- Preparation of the dissertation: The dissertation is produced under the academic supervision of a supervising university lecturer.
- Disputation procedure: After a positive evaluation of the dissertation by reviewers, an oral examination (defense or rigorosum) follows.
- Awarding of the doctoral title: Upon successful completion of all examination components, the doctoral degree is conferred.
Particularities after the legal clerkship
After the clerkship, applicants can already demonstrate practical experience and comprehensive knowledge of the application of law. This experience can be advantageous in both finding a dissertation topic and in understanding the relationship between legal theory and practice.
Legal and professional relevance of the doctorate after the legal clerkship
Impact on professional status
The conferral of a doctorate is a significant additional qualification that serves as a career boost in many legal fields. An earned doctorate can facilitate access to certain positions in academia, the judiciary, administration, and business, or may be a formal requirement.
Legal standing of the doctoral title
The doctoral degree is regulated by state law and, as an academic title, enjoys special protection under § 132a of the Criminal Code (StGB). Its unauthorized use is a punishable offense. Furthermore, the doctoral title is part of name rights and may be officially and publicly registered.
Requirements during the doctorate
During the doctorate, the provisions of the applicable doctoral regulations apply. Many faculties recognize the completion of the second state examination as proof of sufficient academic background. Applicants with only a satisfactory examination may, in some cases, still be admitted to doctoral studies through outstanding academic achievement (e.g., special recommendation or an excellent dissertation).
Process and duration of the doctorate following the legal clerkship
Timeline
Typically, the duration of doctoral studies following the clerkship is between two and five years. The length depends on available time, choice of topic, and the requirements of the supervising faculty.
Compatibility with employment
After the clerkship, many doctoral candidates are already employed. The doctoral regulations of the respective faculty provide information on whether and how the doctorate can be pursued part-time or alongside a job. Frequently, in addition to main employment, academic work (e.g., as a research assistant) at the university is envisaged.
Support and legal protection during the doctorate
Social law and labor law aspects
Doctoral candidates are legally classified as students, employees of a university, or as independent academics. This results in tax and social security consequences as well as different entitlements concerning parental allowance, health insurance, and maternity protection. Funding opportunities exist through scholarships or research funding programs, which are subject to legal requirements.
Copyright aspects and plagiarism check
Dissertations are protected by copyright. Universities are required to check for plagiarism and to ensure the independence of academic work, governed by examination regulations and dedicated review procedures.
Special forms and peculiarities
Cumulative doctorate
Some faculties allow a so-called cumulative doctorate instead of a monograph, where several relevant academic publications are accepted for obtaining the doctoral degree.
Revocation of the doctorate
The legal basis for revoking the doctoral degree is provided by state university laws and doctoral regulations. Revocation is mandatory in cases of proven deception, especially plagiarism or falsified information during the doctoral process.
Summary and legal assessment
Die Doctorate following the legal clerkship is a legally complex process governed by university examination regulations, state university laws, and federal regulations (e.g., Criminal Code, name law). Earning a doctoral title after completing the legal clerkship offers an additional academic qualification and special legal powers but is subject to a variety of formal and substantive requirements as well as legal protection provisions.
Literature and further regulations
- State university laws of the federal states
- Doctoral regulations of law faculties
- Criminal Code (in particular §§ 132a StGB)
- Legal and university regulations for scientific operations
By taking into account the legal requirements, procedural workflow, and legal implications in detail, this entry provides a comprehensive overview of the Doctorate following the legal clerkship.
Frequently asked questions
Do I necessarily have to have achieved a “fully satisfactory” (vollbefriedigend) grade in the second state examination to be admitted for a doctorate after the clerkship?
As a rule, obtaining an honors grade (“vollbefriedigend” or better) in the second state examination is not a general, nationwide requirement for doctoral studies in law. The doctoral regulations of the respective law faculty and individual requirements of the supervising professor are decisive. However, there are many faculties that, for acceptance as a doctoral candidate,require a minimum grade. This is often “vollbefriedigend” in the first or second state examination or an honors grade in one of the two exams. Exceptions may be granted by the faculty, for example as part of a special aptitude assessment or on the recommendation of a tenured university lecturer. It is therefore advisable to carefully check the applicable doctoral regulations and, if necessary, contact the faculty or potential supervisor directly.
Is it possible to have achievements or clerkship stages credited toward doctoral studies?
As a rule, achievements or stages of the legal clerkship are not directly credited toward doctoral achievements, as these are different qualification levels. The clerkship primarily serves practical legal training and concludes with the second state examination, while the doctorate demonstrates academic qualification and generally requires completion of an independent dissertation as well as passing an oral examination. Nevertheless, competencies acquired during the clerkship may be considered advantageous, e.g., in academic working methods, file presentation, or communication with authorities. In individual cases, there may be internal faculty regulations that recognize certificates, internships, or publications from the clerkship as evidence for certain suitability criteria, for example as part of interviews with supervisorsor during the application process for the doctorate.
After completing the clerkship, is there an entitlement to funding or scholarships for the doctorate?
The awarding of funding or scholarships after the clerkship is not legally guaranteed and is subject to the selection criteria of the respective scholarship providers. Public and private institutions (e.g., academic foundations, talent support organizations, party-affiliated foundations) often require a completed second state examination, with the examination grade, the doctoral project itself, social engagement, and possibly references from university lecturersbeing taken into account. There are also doctoral scholarships specifically for law graduates,where the requirements should be checked in detail. Legally, there is no entitlement to state or institutional funding, even with excellent grades. Therefore, an early and well-structured application is essential.
What legal requirements must be met for acceptance as a doctoral candidateafter the clerkship?
For acceptance as a doctoral candidate after the legal clerkship, the following legal requirements usually have to be met: Successful completion of law studies (first state examination) and passing the second state examination, submission of both examination certificates (possibly also the university part, e.g., the special field examination), and evidence of any study or examination achievements. In addition, many faculties require proof of enrollment as a doctoral student and, if applicable, confirmation of supervision by a professor. Many doctoral regulations also contain rules on the required minimum grade, deadlines for submitting documents, and proof of academic suitability. Membership or enrollment at the respective university is regularly mandatory.Many doctoral regulations also contain rules on the required minimum grade, deadlines for submitting documents, and proof of scientific aptitude. Membership or enrollment at the respective university is regularly mandatory.
Do I have to submit a finished dissertation topic when applying after the clerkship?
A concrete dissertation topic is not always strictly required when applying for a doctorate at German law faculties, but usually at least a convincing exposé or topic proposal is expected. The supervisor must generally agree and confirm acceptance of your topic. In practice, the exposé serves to provide an initial impression of the academic standards, goals, and methods of your project, and to substantiate the seriousness of your interest in doctoral research. Many doctoral regulations require that the supervision agreement already state a topic, even if it can be further specified or changed during the process.
Does completing the legal clerkship affect the scope or duration of doctoral studies?
Participation in the legal clerkship and completion of the second state examination have no direct impact on the formal scope or legally regulated duration of doctoral studies. The duration of doctoral studies mainly depends on the time invested in the academic work and generally ranges between two and four years, with individual variations possible. Most doctoral regulations contain no special provisions for doctoral candidates who have completed the legal clerkshipor assessors.Nonetheless, the practical experience gained during the clerkship can be useful for choosing a topic, research, or academic work, which can speed up the doctoral process. Mandatory periods for doctoral studies typically only begin with registration or acceptance as a doctoral candidate.in.
Is it possible to pursue a doctorate following the clerkship while working?
After the clerkship, it is generally legally possible to pursue a doctorate while working, and this is not excluded by most doctoral regulations. There is no obligation to forgo employment during the doctoral period. Nevertheless, there may be internal university requirements regarding workload or enrollment, as well as restrictions regarding funding (e.g., scholarships). Thus, it is advisable to carefully review the relevant stipulations and to consult with your supervisor at an early stage to avoid potential conflicts between professional obligations and academic requirements.