Definition and Legal Classification of the Station Certificate
Das Station Certificate is a legally regulated interim or final certificate issued during the practical training phases as part of legal studies or the legal traineeship (Referendariat) in Germany. It documents the achievements, conduct, and activities of the legal trainee during their respective placement at a training institution – for example, at courts, public prosecutors’ offices, authorities, or law firms.
Purpose and Importance of the Station Certificate
The station certificate fulfills several important functions: It serves as official proof of practical training during the traineeship, provides potential employers with an overview of a candidate’s personal and professional competencies as well as their practical experience. Furthermore, it is a central prerequisite for the proper completion and conclusion of the legal traineeship. The obligation to issue such a certificate, as well as requirements regarding its content and form, are determined by the relevant state legal provisions and training regulations.
Legal Basis and Regulations
Legal Foundations of the Station Certificate
The legal framework for the station certificate is mainly regulated in the respective regulations on the training and examination of lawyers of the federal states (for example §§ 36 ff. JAG NRW, § 42 JAO Bavaria, § 20 para. 2 JAG Berlin, as well as comparable regulations in other states). In addition, key provisions of the German Civil Code (BGB) regarding the certificate claim and design, as well as those of the General Equal Treatment Act, apply.
Entitlement to a Station Certificate
According to the statutory provisions, there is an indispensable entitlement of the legal trainee to receive a station certificate at the end of each training stage. Upon request and with a justified interest (e.g., change of training institution, job applications), this must also be issued as an interim certificate during the station.
Form and Deadlines
As a rule, the certificate must be in writing and personally signed by the person or institution responsible for the training. It must be issued promptly after completion of the station; delays may be challenged legally and may give rise to claims for compensation for any resulting disadvantages.
Content Requirements for the Station Certificate
Minimum Requirements and Permissible Content
According to state-specific regulations and practice, the station certificate must meet the following content requirements:
Details of Person and Placement
- Name, time, and place of the completed station
- Name of the training institution (e.g., court, authority)
- Name of the trainer, their role and, if applicable, the focus of the placement
- Period and frequency of attendance
Description of Activities
The certificate must adequately represent the tasks handled independently by the legal trainee and the practical skills acquired. In particular, this includes:
- Description of the assigned areas of work
- Examples of key tasks (e.g., preparation of legal opinions, processing of files, participation in hearings, client contact)
- Particularities of the area of activity
Assessment of Performance and Conduct
- Performance assessment: Assessment of professional skills (knowledge, thoroughness, diligence)
- Conduct assessment: Evaluation of social conduct towards colleagues, supervisors, and third parties
- Mention of special achievements, if applicable, details of key qualifications, teamwork skills, commitment
Linguistic and Legal Particularities
The station certificate must be formulated favorably and must not contain overtly defamatory or misleading statements. The interpretation of phrases is subject to established case law: formulaic, coded expressions (so-called “secret language”) or disguised criticism are not permitted.
Right to Correction and Certificate Correction Procedure
Right to correction in the event of incorrect or incomplete information in the certificate
If the station certificate contains incorrect information or omits key tasks, achievements, or other relevant circumstances, there is a legally enforceable right to correction. If discussions remain unsuccessful, enforcement is pursued through the administrative court complaint or through civil proceedings against the training institution.
Procedure
- Preliminary review: Written objection and request for correction to the training institution.
- Assertion by means of objection: If rejected, an objection may be filed—depending on the state—with the relevant chamber or with training management.
- Administrative court proceedings: If no agreement is reached, administrative court action is permitted.
Practical Importance and Function for Future Career Path
Relevance as Proof of Training and for Career
The station certificate constitutes a substantial part of the record of documentation for the second state examination and is regularly required as proof of practical experience when applying for legal positions, scholarships, and additional qualifications. Its contents have a significant impact on individual career prospects, especially when applying for positions in public service and in companies.
Long-Term Effect
Due to its importance for later application phases, the station certificate is consistently accorded high value. It may also play a role in assessments for work abroad and possibilities for further specialization.
Data Protection and Retention Obligation
Processing of Personal Data
When preparing the station certificate, the principles of data protection according to the General Data Protection Regulation (GDPR) and the applicable state data protection laws must be observed. The information contained in the certificate may only be processed and disclosed within the framework of legal requirements.
Retention by the Training Institution
Training institutions are obliged to retain copies of the certificates issued for a limited period. The scope and duration of retention are determined by state-specific administrative regulations; as a rule, the retention period is at least three to five years.
Case Law and Literature References
Relevant Case Law
German courts have repeatedly dealt with the requirements for station certificates, including:
- BVerwG, Judgment dated 18.12.1998 – 2 C 16/97
- OVG NRW, Decision of 06.03.2006 – 6 A 671/05
Key statements concern the obligation to provide a complete and favorable account, as well as the prohibition of discriminatory language.
Further Reading
- “Das Zeugnis im juristischen Vorbereitungsdienst”, NJW 2013, 2953
- Rademacher, Das Stationszeugnis im juristischen Vorbereitungsdienst, JuS 2018, 321
Summary
The station certificate is a legally regulated document for the assessment and documentation of practical training achievements in legal training phases. It is legally mandatory, binding in terms of form and content, and possesses great importance for the subsequent professional career. Compliance with legal requirements regarding wording, content, and data protection is essential and is supplemented by case law and administrative regulations.
Frequently Asked Questions
Who is entitled to a station certificate?
An entitlement to a station certificate generally exists for legal trainees upon completion of a station in the legal traineeship, especially after the law office or elective placement. This entitlement is either directly regulated by the respective state law or results from general civil service principles such as the duty of care (§§ 5, 8 DRiG in conjunction with the LBG or JAG of the states). The right to issuance exists regardless of whether the certificate is explicitly requested; the training institution is obliged to issue it unprompted and promptly after completion of the placement. For private training institutions (such as lawyers), the obligation to issue a certificate regularly arises from the training contract and the legal principle of § 630 BGB (certificate for services rendered).
What formal requirements apply to a station certificate?
The station certificate must be in writing and must contain a sufficiently individualized assessment. It must be dated and signed by the trainer in their own hand. A simple, formulaic certificate merely stating the duration and content of the training does not meet the legal requirements. Instead, the certificate must be based on facts and provide a verifiable assessment of the tasks, knowledge, skills, demonstrated performance, and conduct of the trainee during the training period. The standards are §§ 109, 630 BGB, as well as official service regulations on certificate issuance. The assessment must be objective, favorable, and truthful. Any allegations or points of criticism must be based on observable facts and must not remain unsubstantiated.
What must or may be included in the station certificate?
The station certificate must include details regarding the duration and type of training completed (activity-related information) as well as an assessment of the skills, knowledge, and performance demonstrated (performance-related information). It also often includes an assessment of the trainee’s conduct towards supervisors, colleagues, clients, or third parties. Whether character traits are assessed depends on the training content and relevance to the professional profile. Negative facts, such as gross breaches of duty or significant performance deficiencies, may only be included if they are proven and relevant for the future role. Criminal law considerations, particularly the protection of personal rights and social data protection, restrict the issuer’s freedom regarding content. As a basic rule, favorable wording applies, unless negative facts outweigh so heavily that a positive emphasis would be misleading.
Can the station certificate be contested or corrected?
Trainees have the right to take action against a station certificate that is erroneous or inaccurately represents them. The basis for this is the general right to correction, § 109 para. 2 GewO by analogy in conjunction with §§ 5, 8 DRiG, the general service law, and the principles of the certificate correction procedure. On request, the certificate must be reviewed and, if necessary, amended by the training institution. If the institution fails to do so, the trainee can seek administrative court protection according to Art. 19 para. 4 GG. Against private training institutions, civil claims for correction may be asserted, if necessary by filing a lawsuit according to § 630 BGB.
What are the deadlines for issuance or correction of the station certificate?
The station certificate must generally be issued “without undue delay” after completion of the placement, i.e., without culpable hesitation (§ 121 BGB analogously). This serves to protect the trainees, who may need the certificate for job applications. A period of one to two weeks after the end of the training placement is usually accepted by the courts. Requests for correction regularly have a deadline of six months from the receipt of the certificate, but this may be extended in individual cases (for special reasons).
What significance does the station certificate have for future professional life?
The station certificate is particularly important for legal job applications (e.g., public service, law firms, or companies), as it documents not only the achievements but also the work and social conduct of the trainee. It serves future employers as a reference and guideline for assessing the applicant’s professional and social qualifications. Since all legal training certificates ultimately flow into the assessment of professional qualifications, a carefully prepared station certificate is a key component of the legal career path and can have either a positive or negative impact on later career steps.
What must be observed regarding confidentiality and data protection in connection with station certificates?
When preparing station certificates, the data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), must be observed. Personal data may only be included in the certificate to the extent that it is necessary for the purpose of performance assessment. In principle, disclosure of the station certificate to third parties (e.g., HR departments, potential new employers) is only permitted with the consent of the data subject. The training institution is obliged to ensure the security of data processing and to protect against unauthorized access. Violations of these obligations may lead to claims for damages or sanctions under the GDPR or BDSG.