Definition and legal classification of the international placement
The international placement refers to a mandatory or voluntary training or practical phase abroad within the framework of legal education in Germany. Particularly within the legal clerkship, the so-called second phase of legal education, the international placement is a central concept. It describes the period in which prospective fully qualified lawyers complete part of their practical training outside Germany. The legal framework, recognition, structure, and permissibility of an international placement are extensively regulated by federal and state laws as well as administrative regulations.
Statutory basis of the international placement
Legal sources
The central legal basis is the German Judiciary Act (DRiG), particularly sections 5 et seq. Furthermore, the legal education acts of the individual federal states (for example, JAG NRW, JAG Baden-Württemberg, etc.) regulate the conditions and requirements for an international placement in detail. The Federal Administrative Court as well as numerous state judicial examination offices have further specified the interpretation of these regulations through administrative regulations and circulars.
Scope of application and training purpose
The international placement, as a section of the legal preparatory service, serves to expand practical and professional skills through experience within a foreign legal system or at an international organization. The main objective is to impart cross-border legal knowledge and promote comparative law.
Structure and recognition of the international placement
Admission requirements
Certain prerequisites apply for the commencement of an international placement. These include in particular:
- Passing the First State Examination
- Admission to the legal preparatory service of a German federal state
- Proof of a qualified supervising institution abroad (e.g. law firm, court, international organization, company)
- Approval by the competent Higher Regional Court or the respective State Judicial Examination Office
Furthermore, the training institution abroad must ensure training equivalent to the objectives of the same station in Germany.
Duration and scope
The duration of the international placement varies depending on the federal state but generally aligns with the prescribed length of the respective mandatory station within the preparatory service (usually three to six months). Some federal states also allow segments of mandatory stations to be completed as international placements.
Creditability and proof of achievement
The training achievements provided during the international placement are recognized, provided the training corresponds to that of a domestic station and appropriate certificates of activity and a training certificate are submitted. The specific recognition depends on the content, training location, and confirmation by the supervisor at the foreign training institution.
Legal structure and differences among federal states
State-specific regulations
In Germany, there are significant differences regarding the implementation, recognition, and organization of international placements. Individual federal states put particular emphasis on certain areas of law or training partners and impose additional requirements regarding language, training duration, or level of supervision.
Legal consequences of an improperly conducted international placement
An unapproved or improperly conducted international placement can lead to the relevant part of the training not being recognized. This generally necessitates repeating the placement within Germany, resulting in extensions of the training period as well as organizational and financial consequences for the individual concerned.
Tax and social security aspects
Social security classification
Participation in an international placement as part of the preparatory service often impacts the social security status. Whether mandatory contributions to the German social security system must continue to be paid during the stay abroad essentially depends on the type of training institution, the possibility of secondment, and any applicable bi- or multilateral social security agreements.
Tax treatment
Remuneration during an international placement is generally subject to taxation in Germany. The tax status is determined by German income tax law in conjunction with the applicable double taxation agreement. Internship compensations, maintenance allowances or grants from foreign organizations may lead to domestic or foreign taxation, depending on the specific tax situation.
Legal framework for labor and liability law
Labor law protection
During the international placement, legal trainees abroad are fundamentally subject to the labor law provisions of the host country, unless special regulations apply. Nevertheless, especially in cases of secondment, a regular legal connection to the German preparatory service remains.
Liability and insurance coverage
During the international placement, extended insurance coverage is generally provided, in particular through the liability insurance of the relevant federal state or through special group insurances. In the case of activities abroad, it is often advisable to obtain supplementary private insurance, especially in the areas of professional liability, health, and accident insurance, to cover gaps in national insurance coverage.
Practical implementation and application procedure
Application procedure
Applying for an international placement requires early contact with potential training institutions abroad as well as formal application to the competent judicial examination office. Among other things, a training plan, proof of language skills, and a confirmation from the host institution must be submitted.
Support and funding
There are numerous funding options, for example through European education programs (Erasmus+), scholarships, or support from foundations. The respective federal states may also provide grants to cover additional costs incurred in connection with the international placement.
Significance and development of the international placement in the legal system
The international placement has gained considerable significance in the wake of the internationalization and Europeanization of the legal sector. It contributes to the development of intercultural and international skills and is an important criterion in later job searches. The expansion of cooperation programs and increasing standardization of recognition procedures enhance the attractiveness and relevance of this training phase.
Literature and web links
- Federal Ministry of Justice: Deutsches Richtergesetz (DRiG)
- State judicial examination offices of the individual federal states
- Information on legal clerkship and international placement on the websites of the justice ministries of the federal states
- Information of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) on the promotion of international training assignments
Note: This article provides a comprehensive overview of the legal framework and practical structure of international placements in legal education in Germany. Detailed regulations and contact persons can be found in the relevant legal provisions and on the websites of the respective state judicial administrations.
Frequently Asked Questions
What legal requirements must be met for an international placement during law studies?
In order to complete an international placement within the legal preparatory service (legal clerkship), various legal conditions must be fulfilled. First, the trainee lawyer must obtain explicit approval from the competent state judicial examination office or the higher regional court. The placement must be recognized either as a supplement to or as a substitute for one of the standard mandatory stations, which is especially possible during the elective station. Approval is dependent on state-specific regulations, as set out in the respective legal education laws and training regulations (e.g. JAG NRW, JAG Bavaria). Requirements include, among others, a “sufficient connection to German law,” proof of the professional suitability of the training institution, supervision by a fully qualified lawyer or comparably qualified persons, and comprehensive coverage of the training plan. In addition, liability insurance to cover potential liability risks and, if necessary, sufficient knowledge of the local language are often required. Applications for approval must generally be submitted before the placement begins, including all supporting documents.
Is the activity performed during the international placement fully recognized for the legal clerkship?
Full recognition of a placement completed abroad for the legal clerkship requires that the scope and content of the activity meet the requirements of the respective station in Germany. This particularly concerns the training content, the period (generally a full-time internship for the duration of the placement), the preparation of required assignments (e.g. file presentations or written pleadings), as well as supervision and instruction by a qualified trainer. The state judicial examination office subsequently reviews the submitted documentation, such as activity reports, trainer certificates, and, if applicable, reports on achievements. If training content is missing or inadequate, recognition may be denied or limited to a part-time value, which can result in a delayed completion of the clerkship. For certain stations, such as the administration or attorney station, special recognition requirements may apply.
What residency law provisions apply during an international placement?
During an international placement, trainees must comply with the immigration laws of the host country. This usually includes obtaining any necessary visa for training or internship purposes, evidence of health and accident insurance, and – in certain countries – proof of sufficient financial means to support oneself. Visa applications should be made early, as processing times can vary greatly and specific documents may be required by the training authority. Employment law provisions of the host country must also be observed, particularly regarding the distinction between training and employment. Violations of the relevant residency law may result in sanctions in the host country and the possibility of refusal of recognition as a training placement in Germany.
What liability risks exist for trainees during an international placement?
During the international placement, there is fundamentally a risk of being subject to claims for damages due to mistakes in performing legal activities, such as legal advice or procedural actions. In Germany, trainees are generally covered by the state’s liability insurance, but this does not necessarily apply abroad. Most judicial examination offices therefore require proof of adequate liability insurance that also covers activities in the respective foreign country before granting approval. Liability is determined by the civil law regulations of the host country. Additionally, existing contracts with benefit providers (e.g. social security) may be affected if the country sets participation conditions or there are social security agreements. Therefore, it is always advisable to clarify any liability risks and insurance requirements early with the training institution and one’s own insurance provider.
Are the German training and examination regulations still binding during the international placement?
The German training and examination regulations (e.g. legal education act, training and examination regulations for lawyers) continue to apply during an international placement. This means that trainees must continue to fulfill all obligations from the legal clerkship, such as participation in accompanying study groups, submission of training records, and timely completion of required assignments. Exemptions from these obligations are only granted in exceptional cases and upon explicit request to the respective training authority. Additionally, certificates and records of achievement from the international placement must be presented in a form that complies with German regulations (e.g. work reports in German, officially certified translations). Any regulations regarding absences (illness, vacation) must also be observed and may require special notifications or proof.
What data protection and confidentiality obligations apply during the international placement?
Even abroad, trainee lawyers are subject to German data protection regulations (in particular, the Federal Data Protection Act and the General Data Protection Regulation, as far as applicable) when processing personal data in the course of their activity. In addition, local data protection requirements must be observed, such as national data protection laws or professional confidentiality obligations in the host country. Violations of data protection regulations may result in disciplinary proceedings or civil sanctions both abroad and in Germany. Trainees are therefore obliged to inform themselves in advance about the relevant confidentiality and data protection rules of their assignment location and to comply with them, especially when processing data electronically and using digital communication tools.
How can legal disputes regarding recognition or implementation of an international placement be challenged?
If applications for approval or recognition of an international placement are denied, affected parties have access to administrative legal remedies. Initially, an objection must generally be filed against the negative decision, provided that state law allows this; an action can subsequently be brought before the administrative court. The prospects of success essentially depend on whether minimum training standards have been met and whether the relevant authority has exercised its discretion properly. All relevant documentation and evidence must be submitted during the proceedings. In disputes regarding training content, non-recognition of periods, or training achievements, precise documentation of activities and responsibilities performed abroad is crucial for legal success.