Definition and Classification of the Elective Placement
Die Elective Placement is a key component of the practical training within the German legal traineeship (Referendariat). It represents a phase of training in which trainee lawyers have the opportunity, after completing three mandatory stations, to complete a training position of their choice. The legal foundations, contents, framework conditions, and possible arrangements of the elective placement are explained in detail below.
Legal Foundations of the Elective Placement
Legal Anchoring
The elective placement is regulated nationwide by the German Judiciary Act (DRiG) and the respective regulations for legal training (JAO) of the federal states. The decisive provision is in particular § 5b para. 2 DRiG, which specifies the minimum content of the legal preparatory service, including the free structuring of a training placement. In addition, training and examination regulations specific to each state further specify the legal organisation of the elective placement.
Duration and Chronological Context
During the Referendariat, which generally lasts 24 months, the elective placement follows the compulsory stations (civil court, criminal justice, public administration) and the so-called law firm station. The typical duration of the elective placement, according to the laws of each federal state, is three to five months, depending on the state.
Contents and Options of the Elective Placement
Choice of Training Position
The essential special feature of the elective placement lies in the freedom to choose the training position. Trainee lawyers can, within statutory and regulatory provisions, decide themselves at which institution, organisation or entity to complete this placement. Recognized training positions include, among others:
- Courts and public prosecutors’ offices
- Legal departments of companies
- Authorities of the federal government, states, or municipalities
- International organizations with legal relevance
- Notaries’ offices
- Representations of German institutions abroad
The precise admissibility of the chosen training position must be clarified in advance with the competent Higher Regional Court or a comparable training authority.
Training Content
The purpose of the elective placement is to apply the knowledge acquired during the Referendariat in practice and to gain new insights into professional life in the legal field. The training content is often tailored to the individual interests of the trainee lawyer. Typical activities include:
- Drafting legal submissions and expert opinions
- Attending hearings and meetings
- Participation in contract drafting
- Insight into corporate decisions with legal implications
- Participation in administrative procedures
The knowledge and experience gained during the elective placement can have a significant impact on future career paths and often serve as guidance in choosing a future profession.
Requirements and Formalities
Application and Approval
Completion of the elective placement is formally subject to approval by the competent training authority. Trainee lawyers are required to apply for their desired training position in good time and to submit all necessary documents proving that the position meets the requirements of the training regulations. The training institution must ensure that adequate training in accordance with the rules for legal education can take place.
Certificates of Training
At the end of the elective placement, the training institution must prepare a detailed training report which documents the work performed, knowledge acquired, and the duration of the training. This report must be submitted to the training authority and is a prerequisite for the recognition of the placement.
Special Arrangements
Elective Placement Abroad
A particularly popular privilege of the elective placement is the possibility of completing it abroad. Additional formal requirements apply in such cases:
- The training institution must have a connection to German law or international law.
- The provision of practical experience must be ensured appropriately.
- In many cases, a training plan must be submitted; particular language skills or visa requirements may also be necessary.
Setting Thematic Priorities
Trainee lawyers can use the elective placement to set individual priorities, for example, in entrepreneurship, international cooperation, or public administration. Academic institutions, such as those in legal scholarship, are also often chosen as training establishments.
Significance and Objectives of the Elective Placement
Within the legal preparatory service, the elective placement serves several functions:
- Flexibilization of training: It enables the deepening of individual interests and facilitates access to new professional fields.
- Promotion of personal responsibility: The free selection and organization of the training position strengthens independence.
- Practical orientation: Integration into practical work processes closes the gap between university education and professional activity.
The elective placement thus plays an integrative role in the structure of the Referendariat and makes a significant contribution to the quality of legal training in Germany.
Summary
The elective placement is a central element of legal preparatory training in Germany. It is clearly regulated by the German Judiciary Act and the respective training regulations, offers a wide range of choices for trainee lawyers, and is regarded as a crucial phase of practical training. As an individually customizable training placement, it combines the advantages of practice-oriented further education with the opportunity to set personal priorities, thereby making a significant contribution to comprehensive legal qualification closely aligned with future professional practice.
Frequently Asked Questions
How are the elective placement and its possible training sites regulated by law?
The legal basis for the elective placement in the legal preparatory service derives primarily from the German Judiciary Act (DRiG), the respective legal training laws of the federal states, and the training and examination regulations (e.g., JAG and JAPO). The regulations stipulate that the elective placement is an obligatory part of the Referendariat and takes place after the other compulsory stations as the final phase of practical training. The choice of training place is subject to certain requirements: It must be suitable for training in the administration of justice (e.g., courts, authorities, law firms, companies with in-house legal departments, or international organizations). This is ensured legally by prior approval from the competent judicial examination offices or Higher Regional Courts; the training institution must be notified before commencement and is regularly subject to approval. In addition, deadlines for application and documentation concerning the chosen position are strictly regulated.
What rights and obligations do trainees have during the elective placement under the law?
During the elective placement, trainee lawyers retain the typical duties and rights as they apply to civil servants on probation (regulated specifically in each federal state). This includes the duty to participate diligently in training, maintain confidentiality, and the right to appropriate instruction and supervision. They remain in a public-law training relationship. Breaches of obligations (e.g., unexcused absence, breaches of confidentiality) may result in disciplinary measures up to exclusion from the preparatory service. The rights to leave, sick notification, and, where applicable, maternity or parental leave continue to apply but are governed by the special civil service regulations for the training period. Furthermore, rights such as a monthly subsistence allowance and, if applicable, reimbursement of travel expenses exist, as far as the official travel regulations of the respective federal state apply.
What legal requirements exist for recognition of training placements abroad?
There are particularly strict legal requirements for an elective placement abroad: Prior approval by the competent justice administration is always required. It must be demonstrated that the training abroad is equivalent to a domestic training institution, especially regarding training content and supervision. The lawfulness of recognition is regularly reviewed by submitting a detailed job description and training plan. The relevant training and examination regulations also determine for which areas and organizations (e.g., EU institutions, international courts, law firms specializing in German law) a placement abroad is permissible. A lack of sufficient evidence of training, or a disproportionate deviation from German training standards, may result in denial of recognition.
What is the legal importance of the training certificate for the elective placement?
A training certificate is legally mandatory and must be issued by every training institution for trainee lawyers at the end of the elective placement. The requirements for form and content are set by the respective state’s training and examination regulations and usually must provide information about the duration, type, and scope of the activity, as well as an assessment of engagement, expertise, and willingness to perform. If the training institution refuses to issue the certificate or issues it incorrectly, there is a legally enforceable claim against the relevant institution. The training certificate may also be required as proof of proper completion of the placement for the examination office and, in some federal states, may play a role in the final grade for the preparatory service.
Are there statutory deadlines for applying and getting approval for the elective placement?
Yes, the training and examination regulations as well as the administrative provisions of the federal states set binding deadlines for applications and approval of the elective placement. Trainee lawyers usually have to register the intended training position and obtain approval several months before the start of the elective placement (depending on the state between 6 and 8 weeks in advance). Missing the deadline or required documents may result in loss of entitlement to a preferred placement or, in extreme cases, assignment by the training authority. For placements abroad, there are also longer lead times and additional documents to be submitted (e.g., proof of language skills, job descriptions of the training place)—in these cases, timely and comprehensive application is also legally required.
How is remuneration during the elective placement regulated by law?
The amount and entitlement to maintenance allowance during the elective placement are based on the provisions for legal trainees in the respective federal state. The allowance is generally granted as in the other training phases and does not depend on the chosen training institution. Additional remuneration from the training institution is only permissible if it is not excluded by the relevant training and examination regulations and no civil service or disciplinary objections stand in the way. In many states, however, this is expressly prohibited or requires prior approval by the training authority.
What are the legal consequences of interrupting or missing the elective placement?
An unjustified interruption or non-completion of the elective placement may have serious legal consequences. Depending on the state and severity of the violation, this can include prolongation of the Referendariat, repetition of the placement, disciplinary measures up to exclusion from the preparatory service. For justified absences (e.g., in case of prolonged illness, maternity leave, parental leave), obligations to provide evidence exist; the interruption must be reported immediately and requires approval by the training authority. Failure to attend or unexcused absence is considered a breach of duty and regularly results in consequences, the details of which are set out in civil service law and the respective examination regulations.