Definition of terms and introduction to the federal state comparison for legal clerkships (allowances, stations, exam structure)
The term “federal state comparison legal clerkship” refers to a systematic comparison of the legal and organizational regulations for the legal preparatory service in the individual federal states of Germany, with particular focus on the aspects of allowance, stations, and exam structure. Due to the sovereignty of the states in the area of legal education, there are significant differences in the design and statutory basis of the legal clerkship. The following article highlights the relevant differences and commonalities with a focus on allowance law, training stations and exam structure.
Legal foundations of the legal clerkship
General overview
The legal clerkship constitutes the second part of state legal training in Germany, which begins upon passing the first exam (First Examination or First State Examination) and concludes with the Second State Examination. The legal basis can mostly be found in the education and examination regulations of the respective federal states, with the framework conditions set at federal level by the German Judiciary Act (DRiG).
State-specific designs
Each federal state has its own legal education regulation (e.g. JAG NRW, JAPO Bayern), which governs the duration, organization, content, and examination modalities of the legal clerkship. This includes, among other things, the process for each station period, provision of allowances, and the composition of the second state exam.
Allowance within the legal clerkship
Definition and legal basis for allowance
Allowance refers to the supportive financial welfare benefit for prospective fully qualified lawyers in a public-law education relationship. The basis for this is the Federal Allowance Regulations (BBhV) or the relevant state-specific allowance provisions (e.g. BayBhV, BhV NRW). Legal clerks are considered civil servants on revocation and therefore are generally entitled to allowance for health, childbirth, and nursing care costs. The specific design, application procedures, reimbursable events, and personal contributions vary depending on the federal state.
Differences in allowance eligibility by federal state
- Allowance calculation and personal contribution: The rates of allowance (usually 50-70%) differ between the states. For example, Bavaria grants 50% for legal clerks without children, while higher rates are possible with a child. Hesse and Berlin also provide differing rates and arrangements for personal contributions.
- Special aspects of supplementary insurance: In some cases, private supplementary insurance is required in addition to the allowance to cover personal contributions. The scope of services eligible for allowance also differs between the states, especially regarding coverage for dental prosthetics, alternative practitioners, and medication.
- Application and administration: The responsible allowance office and the application procedure are regulated on a state-specific basis, often digitalized, but vary in terms of processing times and required documentation.
Structure of training stations in the legal clerkship according to federal state
Basic concept of the stations
The clerkship is divided into several mandatory stations, supplemented by an elective station. The respective duration, focus, and order may vary between the federal states.
Typical stations in the clerkship
- Civil law station
- Criminal law station
- Administrative station
- Legal practice station
- Elective station
State-specific differences in the design of the stations
- Duration and structure: In North Rhine-Westphalia, the total duration is generally 24 months, with fixed time frames for the stations (e.g. civil law: 5 months, criminal law: 3 months). Bremen and Lower Saxony have slightly different time allocations.
- Assignment of placements: The options for selecting training courts, public prosecutor’s offices, or administrative authorities depend on the respective federal state and the availability of positions.
- Elective station: While some states allow the elective station to be completed freely either domestically or abroad, others restrict the range of options or require approval from the State Examination Offices of Justice.
Special state-specific regulations
- Training content and accompanying lessons: The frequency, type, and structure of accompanying lessons (study groups) varies. In Berlin, compulsory study groups are held regularly, whereas Bavaria relies more on independent preparation.
- Compulsory legal practice station: In certain states, there is the option to focus training on legal practice (“legal practice-oriented clerkship”), for example in Baden-Württemberg as part of the legal practice station.
Exam structure and examination modalities in the federal state comparison
Second State Examination: General basic structure
The second state examination in all federal states consists of a written and an oral part. The major portion of the final grade is uniformly based on the written examination, but the number and type of exams as well as focus of the oral exam are organized differently in each state.
Writing the exams
- Number and distribution: In Bavaria and Baden-Württemberg, 7 supervised written exams are undertaken; North Rhine-Westphalia requires 8, Hamburg and Berlin up to 9 exams.
- Content orientation: Typically, the exams are distributed across civil law, public law and criminal law, and in many states at least one legal practice-specific exam is included, simulating a practice-oriented client engagement.
Oral examination
- Examination board and procedure: The oral examination regularly consists of a case presentation and an oral questioning. The composition of the examination board, the weighting of the components, and the selection of topics differ from state to state.
- Content and focus: Areas of specialization can be selected by state or are prescribed; in some states, it is possible to choose a “specialization area” as part of the examination.
Special examination regulations of the states
- Retake options: In Hesse and Lower Saxony, there is an automatic option to repeat the written exams once. In some states, an oral retake is offered, while in others, this is excluded.
- Grade distribution: The calculation of the final grade and the ratio of written to oral part varies, which directly affects the evaluation of performance.
- Admission requirements: The regulations regarding medical certificates and options for make-up exams exhibit small but relevant differences.
Summary assessment of federal state-specific differences
The regulations governing the legal clerkship in the federal state comparison reveal significant differences in the areas of allowance, training design, and exam structure. These differences have both organizational and substantive impacts on the training experience and opportunities for legal clerks during the second phase of their education. Knowledge of the specific state-specific regulations is therefore of considerable importance for individual planning of the clerkship and optimal preparation for the legal and personal framework conditions.
Literature and further sources
- German Judiciary Act (DRiG)
- State Legal Education Laws (JAG NRW, JAPO Bayern, etc.)
- Federal Allowance Ordinance (BBhV)
- State-specific Allowance Ordinances
- Information from the respective state examination offices and ministries of justice
Note: It is recommended to consult the currently applicable legal regulations and administrative instructions of the desired federal state before beginning the clerkship, as organizational and legal requirements are subject to regular changes.
Frequently Asked Questions
How do the regulations on allowance for legal clerks differ between the federal states?
The allowance regulations for legal clerks vary considerably by federal state, as the allowance is a state benefit within the employer’s duty of care. Generally, most states grant their legal clerks in the public-law preparatory service entitlement to allowance in accordance with the particular state allowance regulation (e.g. BVO NRW, BayBhV in Bavaria). The types of benefit, reimbursement rates and maximum limits as well as the possibility of a family allowance, however, differ significantly. While some states only grant the minimum allowance (often 50% of eligible expenses, higher rates possible with children or a co-insured spouse), others (e.g. Hesse, Bremen) may completely deny clerks eligibility for allowance under certain circumstances. The inclusion of elective benefits (e.g. private physician treatment), dental prosthetics or eligibility during a leave of absence is also handled differently. Furthermore, some states offer a digital application process, while others retain paperwork procedures. The proof of adequate private health insurance as a supplement (“supplementary insurance”) to the allowance is also monitored with varying strictness. Clerks should therefore review the specific allowance regulations of their state before beginning service, as lack of knowledge can result in significant financial risks.
How do the mandatory stations of the legal preparatory service differ across the federal states?
The structure of the legal preparatory service (clerkship) with set mandatory stations (criminal law, civil law, administration, legal practice station) is federally outlined by the German Judiciary Act (DRiG) but is detailed at state level in the legal education and training regulations (JAO/JAPO). The exact duration, content design, and order of the stations therefore differs between the states. For example, in Bavaria, the administration station regularly lasts only two months, in NRW it is three months. The allocation of training placements (e.g. criminal station at the public prosecutor’s office versus the court) as well as the possibilities to set specializations or take exchange stations abroad or with supranational organizations are also regulated very differently. The range of elective stations also differs: while some states provide almost unrestricted freedom for international placements, others are more restrictive. The state examination regulations also determine whether and how training records must be kept and which reports must be prepared. Therefore, legal clerks may have a very different training experience depending on the state, which is also legally relevant, for example in the recognition of previously completed stations when changing state.
What differences exist in the structure of the exam (written and oral parts) between the federal states?
Although the assessor exam as the second legal state examination is based on common legislative foundations (primarily DRiG, state legal education laws), the examination modalities in the individual states are in some cases substantially different. The number and type of supervised written exams (Klausuren) fundamentally varies: while, for example, in Lower Saxony and NRW exams in labor law may be written, this is not mandatory in Bavaria. The weighting of examination subjects (civil law, public law, criminal law, and possibly other elective subjects) differs as well as the number of exams (between 7 and 11) and the exam content. The oral exam also differs: the composition of the examination board, inclusion of a group exam (exam presentation, case presentation, role play) and grading systems are independently determined by the respective state examination offices of justice or ministries of justice. The grading is carried out according to state-specific criteria, with individual exams, the overall result and, if applicable, special presentations (such as the case presentation) weighted differently. Further differences exist in registration deadlines, opportunities for ‘Freischuss’ (first attempt without disadvantage), retake opportunities, and for requesting reasonable adjustments.
Which deadlines and waiting times typical for each state should be observed before, during, and after the legal clerkship?
Admission to the legal preparatory service is regulated in all states by the respective legal education regulation or state administration of justice. Application deadlines for the preparatory service vary, as do waiting times for a clerkship position, which can last from a few weeks (e.g. Brandenburg) to several months (e.g. Berlin, Munich), depending on the number of applicants and available training placements. During the clerkship, there are deadlines for registering for exams, as well as obligations to submit reports and deadlines for submitting proof of achievement or training papers. Individual states have different rules for how breaks (parental leave, illness) are counted and whether and how long they extend the clerkship. Upon completion of the clerkship there are deadlines for applying for a certificate and, if applicable, for requesting grade improvement attempts (so-called improvement exams). For all of these, study of the specific state provisions is recommended, especially as missing a deadline can have irreversible consequences for passing the exam.
Are there differences in remuneration and other benefits for legal clerks across the federal states?
Yes, there are significant state-specific differences in remuneration (maintenance allowance) and other financial benefits for legal clerks. The amount of monthly maintenance allowance is not regulated at the federal level, but set by state directives or relevant regulations. Thus, the net maintenance allowance ranges between approximately €1,100 (Berlin) and up to €1,500 (Bavaria), with ancillary benefits (e.g. family supplements, Christmas bonus) handled differently. In several states, a subsidy for childcare, asset-building benefits, or reimbursement for travel costs is granted; other states do not offer such additional benefits. Entitlement to special leave, training, or hardship assistance is regulated differently. In the event of sick leave or maternity protection, wage continuation periods also vary. The legal basis is set by the state-specific allowance and salary regulations as well as administrative provisions of the ministries of justice.
What legal possibilities exist for transferring between federal states during the clerkship, and are there interstate special provisions to consider?
Changing the federal state during the legal clerkship is generally possible, but it is subject to the state-specific regulations of the legal education ordinances or laws, as well as the rules of the judicial examination offices. Such a change usually requires an important reason (e.g., family reunification, significant hardship cases). The recognition of training periods already completed varies from state to state: some states recognize all stations, provided their training content complies with their own regulations; others may require the complete repetition of certain periods. Changing states may also impact eligibility for allowances, the duration of the clerkship, and the examination regulations (including number of exams, examination modalities), which should be legally reviewed on a case-by-case basis. In practice, it is advisable to consult both training authorities in writing at an early stage and to carefully document all achievements.
How do the federal states regulate compensation for disadvantages for legal trainees in connection with impairments?
Compensation for disadvantages for persons with disabilities or health impairments is required for constitutional and European law reasons (in particular Art. 3 para. 3 sentence 2 GG, UN Convention on the Rights of Persons with Disabilities), but its implementation varies at the state level. The individual judicial examination offices interpret the prerequisites, type, and extent of disadvantage compensation with varying degrees of strictness. Possible measures include, for example, time extensions for written exams, provision of aids (e.g., computer, dictation possibility), assignment of a single examiner, or accessible examination rooms. The granting of disadvantage compensation is always decided upon application and after an individual review; in all states, detailed medical reports or evidence are required. In some states, rejected applications can be reviewed in objection or legal proceedings. The application deadlines and the procedure itself are determined by state law, which is why the current examination regulations and administrative provisions of the respective federal state must be strictly observed.