Exam preparation alongside the station period
Exam preparation alongside the station refers, in a legal context, to the phase in which legal trainees prepare for the second state examination during their ‘station-based training’ within the legal clerkship. This represents a particular challenge, as the practical obligations of the station must be combined with the extensive study material and the special requirements of the written and oral exams.
General legal foundations of the legal clerkship
Two-tier and three-tier study programs
Access to legal advisory professions in Germany is generally achieved through a two-tier university program, consisting of the first state examination and the subsequent clerkship (Referendariat). The clerkship concludes with the second state examination, which entitles admission to traditional legal advisory positions.
Normative regulations governing training
Regulations on the organization, conduct, and content of the clerkship, including exam preparation alongside the station period, are the responsibility of the respective state justice administrations. Key legal sources include, among others, the state Jurist Training Laws (JAG), the Training and Examination Regulations for Lawyers (JAPO), and relevant administrative guidelines.
Structure and procedure of the stations within the clerkship
Overview of stations
The legal clerkship is divided into various stations (civil law, criminal law, administrative law, law firm, and elective station), each accompanied by classes (study groups) and practical training at a training institution. During these stations, exam preparation typically begins, usually starting with the law firm station.
Exam preparation during practical activities
The training plans of the stations are designed to allow trainees free time for exam preparation alongside their practical duties. This is explicitly recognized in numerous state-level legal provisions. For example, § 35 para. 2 JAG NRW or § 54 para. 2 JAPO Bavaria expressly permit ‘independent study preparation and exam preparation.’
Legal options and limitations for exam preparation alongside the station period
Entitlement to exemptions and study periods
Trainees are entitled, pursuant to the relevant training and examination regulations, to certain periods of exemption from practical work for exam preparation. These periods vary depending on the federal state. Example North Rhine-Westphalia: The law firm station lasts about nine months, of which four months are typically designated as a ‘release for exam preparation’ (§ 35 para. 2 JAG NRW). During this time, attendance requirements at the training site are reduced. Example Bavaria: Here, there is a right to attend an ‘exam revision course’ spanning at least three and a half months within the law firm station (§ 54 para. 2 JAPO Bavaria).
Compatibility with training obligations
The utilization of release periods is subject to legal framework conditions. The training institution must be informed of scheduling, and training must not be significantly impaired by exam preparation. Practical work in the station must still ensure the required training scope.
Right to exam preparation without loss of remuneration
During the station period, trainees are in a public-service-based training relationship according to state law. During exemption periods, only training obligations are suspended; maintenance allowance continues to be paid.
Exam preparation alongside the station and employment law aspects
Working time and absence regulations
During exam preparation, specific rules on attendance, working hours, and absences apply. The daily obligation to be present at the training institution may be omitted or reduced during exemption periods. In some states, a written request for part-time work or flexible scheduling can be submitted.
Protective rights, equal treatment, and prohibitions of disadvantage
The legal regulations are designed to ensure that all trainees have equal access to sufficient exemption periods. Anti-discrimination rules under the General Equal Treatment Act (AGG) must be observed as in the rest of the public sector.
Impact on admission to examination and organization of the exam phase
Registration for the second state examination
Participation in the examination requires proper completion of the training stations. Exemptions for the purpose of exam preparation do not, as a rule, affect admission to the examination, provided that attendance and reporting requirements have been met.
Examination law guarantees
Trainees are fundamentally entitled to fair training and equal access to the examination. The legal framework for exam preparation alongside the station period contributes to enabling objective preparation for the second state examination despite practical training obligations.
Literature, case law, and further information
The legal specificities of exam preparation alongside the station period are addressed in numerous state implementing regulations and circulars. Administrative court decisions also exist regarding the scope and structure of exemptions (e.g., VG Munich, judgment of 12.11.2010 – M 16 K 09.6232). Standard works in the area of training and examination regulations provide in-depth explanations.
Summary: Exam preparation alongside the station is, within the German preparatory service for future legal practitioners, a legally recognized balance between practical work and examination requirements. Its legal framework guarantees, subject to state-specific provisions, exemptions, protective rights, and equal opportunities for the successful completion of the second state examination.
Frequently Asked Questions
How must station obligations and exam preparation be reconciled in legal terms?
Exam preparation during the clerkship station is always challenging, as both areas place high demands on the trainee in terms of time and content. Legally, compulsory attendance has priority: Participation in training events—both in the stations (e.g., assigned institution, study groups) and in mandatory meetings—is generally obligatory. Unexcused absences may be treated as breaches of duty, with possible consequences up to disciplinary measures or crediting of days missed. Preparation time for the exam, especially self-study, is thus initially subordinate to official duties. However, the training regulations of the states sometimes address compatibility and allow, upon application, temporary exemption or reduction of duties, especially during the written examination period. Such exemption usually requires an application and approval by the training management (§ 38 para. 1 JAG NRW; comparable regulations exist in other federal states). There is no statutory right to exemption for exam preparation; such wishes should therefore be coordinated early with the supervisor and, if applicable, be based on goodwill.
Is there a right to exemption from duties for exam preparation outside of examination days?
An express exemption for general exam preparation apart from the examination dates is generally not provided by the Jurist Training Law (JAG) or the states’ relevant regulations. Only for the actual examination days and often for a clearly defined period (e.g., examination week) is there usually a legal right to exemption (see e.g. § 14 para. 3 JAG NRW). Otherwise, the obligation to perform work in the respective station continues. Supervisors may, at their discretion, grant additional free time upon application, for example through flexible working time models or individual arrangements (such as reducing attendance in exchange for evidence of completed work). These ‘free periods’ are, however, not legally enforceable but depend on goodwill and agreement with the assigning authority.
To what extent can study groups be missed for exam preparation?
Regular attendance at study groups is mandatory under current training regulations (§ 38 JAG NRW; comparable regulations in other federal states). Absences may only be excused in exceptional cases (illness, important and unavoidable reasons). Objective exam preparation is not considered an important reason for repeated absence. Permanent or repeated failure to fulfill the study group obligation can be deemed a breach of duty and may, in extreme cases, result in shortening station times or exclusion from the examination. Those who violate participation obligations must expect disciplinary consequences. It is advisable to contact the study group leader(s) early to develop individual solutions in the event of unavoidable scheduling conflicts.
What rights exist concerning leave or special leave for exam preparation?
Trainees are fundamentally entitled to annual leave by analogous application of civil service law (e.g., 29 working days per year pursuant to § 5 para. 1 EUrlV NRW). This leave can be used for the exam preparation period, provided it is requested and approved in good time. Additional entitlement to special leave for intensive exam preparation generally does not exist, except for special cases such as illness, family emergencies, or certain examination days (see § 14 para. 3 JAG NRW). In justified cases, the training management may grant special leave or time off upon request; this generally requires compelling reasons and evidence.
What legal provisions apply to the use of official resources (e.g., literature, office space) for private exam preparation?
The use of official resources is governed by the applicable house rules and administrative regulations of the respective training authority or station. In principle, the use of workspaces, libraries, and designated specialist literature during official activities is permitted for accompanying, exam-relevant research, as the training is aimed at passing the state examination. However, exclusive or predominant use of official resources for purely private exam preparation is generally prohibited. For example, those who spend extended periods solely working on private study materials or preparing for exams on official premises risk a warning or other official consequences. It is advisable to consult with the station management in advance.
Can employment law consequences arise from prioritizing exam preparation?
Giving precedence to exam preparation to the detriment of station duties may legally be considered a breach of duty. If the proper completion of official tasks, regular participation in study groups, or compliance with work hours demonstrably suffer, consequences may include warnings, documentation in personnel records, reduction of length of the station, up to disciplinary measures. The assessment is based on individual cases and the discretion of the training institutions. Those experiencing exam stress, illness, or overload should communicate with superiors early, as unexcused absences and unauthorized adjustment of working hours are regarded as more serious offenses than open communication.
What legal considerations apply to participation in private or commercial exam courses during the station?
Participation in private or commercial revision and exam preparation courses outside of station-based training offerings is generally not permitted during official core working hours. These courses must be attended outside of station working hours, i.e., during free time. Exemption for this purpose is only legally possible with the instructor’s approval and is limited to exceptional cases (e.g., overlap with compulsory exams, proven necessity). Otherwise, there is no legal entitlement, so participation in such courses must never interfere with the fulfillment of official duties. Otherwise, this may lead to employment and service law consequences.