Legal framework for relocating during the legal clerkship
A relocation during the legal clerkship is a regulation that affects a variety of legal, organizational, and financial aspects. The term “relocation during the legal clerkship” generally refers to the change of residence or place of training by legal clerks who are in their preparatory legal service. This article considers the legal basis, registration obligations, effects on the service relationship, change of residence, entitlement to moving expenses, and other relevant legal aspects.
Basics and Definition of Terms
The legal preparatory service (Referendariat) in Germany is a phase in the training of future fully qualified lawyers and is regulated differently depending on the federal state. A relocation during this period can occur for official, personal, or organizational reasons. Legally, the move becomes relevant particularly in connection with registration requirements, service law, benefits, travel expenses, and the possibility of reimbursement for relocation costs.
Obligation to Register and Notification Duties
Registration of residence and registration laws
According to the state-level registration laws (§ 17 BMG – Federal Registration Act), there is an obligation to notify the relevant registration authority of a change of residence within two weeks. This also applies to legal clerks, regardless of the reason for their relocation.
Notification to the training institution
Legal clerks are generally required to promptly notify their training institution or the competent Higher Regional Court, State Judicial Examination Office, or other relevant entity of their change of residence. This obligation arises from service law requirements (§ 66 Abs. 1 BeamtStG) and official instructions regarding communication and accessibility.
Impact of the relocation on the legal clerkship
Assignment to training stations
A relocation during the legal clerkship may affect the assignment of training stations (e.g., court, public prosecutor’s office, administrative authority, law firm). In many federal states, the assignment is made by state allocation procedures that are linked to the registered residence.
Regional principle
Training authorities tend to assign prospective legal clerks to locations close to their residence. Consequently, a relocation may result in a change in training sites, provided this is reported and requested in good time.
Consideration of personal circumstances
A change of residence due to urgent personal or family reasons can be taken into account within the scope of a so-called hardship application (§ 15 JAG NRW, similar regulations in other federal states). In justified cases, the training institution can take the new life situation into consideration and assign appropriate training stations.
Service law consequences of the relocation
Official obligations and communication
Relocation may also entail a change in official accessibility. Legal clerks are required to notify the training institution of their current address, telephone number, and other contact details to prevent interruptions in the service relationship and communication issues.
Relocation requiring approval
In individual cases, approval for the relocation may be required if rights or obligations affected by the move relate to official procedures or the interests of the employer (§ 41 BBG applied accordingly to clerks with civil servant status). This is particularly the case where there is a significant distance to the training site or where the proper completion of the legal clerkship is jeopardized.
Relocation and travel cost law
Entitlement to reimbursement of moving expenses
Legal clerks may generally be entitled to reimbursement of moving expenses, provided the change of placement is officially mandated. The decisive factor is the Federal Act on Moving Expenses (BUKG) as well as the respective state laws and administrative guidelines regarding moving expenses.
Requirements
A right to reimbursement arises only if:
- The relocation is officially mandated (e.g., assignment to another city or a different training station with considerable distance).
- A corresponding application is submitted on time.
- The legal requirements in force are observed, particularly by submitting evidence and reasoning.
Privately motivated relocations (e.g., for personal or family reasons) do not generally entitle to reimbursement of moving expenses.
Reimbursement of travel expenses
If the relocation significantly affects commutes between home and the training station, a claim for travel expense reimbursement may arise under the Federal Travel Expenses Act (BRKG), provided the legal requirements are met.
Impact on remuneration and social benefits
Assistance and benefits law
A relocation during the legal clerkship does not generally affect entitlements to maintenance allowance or remuneration. However, changes of address must be notified compulsorily to ensure the correct delivery of official communications, notices, and statements by the training institution.
Health insurance and other benefits
A move to another federal state may affect the jurisdiction of benefit providers. This concerns, in particular, responsibility for assistance, accident coverage, and, if applicable, family allowances.
Special cases: Relocation to another federal state
Recognition and transfer
Legal clerks who relocate to another federal state must take into account the state-specific rules regarding recognition of their clerkship. Changing the state of training is basically possible but requires a formal application for transfer and the consent of the involved state justice administrations.
Impact on examination locations and admission
An inter-state relocation may affect the local jurisdiction for the compulsory state exam and the organization of the oral examination.
Summary
Relocation during the legal clerkship is, from a legal perspective, a multifaceted topic that covers numerous aspects of service law, registration requirements, training law, and cost law. Legal clerks should carefully observe all legal obligations, particularly obligations to report, official notification and, if necessary, approval requirements, as well as the conditions for potential reimbursement of moving and travel costs. State-specific particularities and special cases, such as relocating to another federal state, should always be clarified in advance with the respective training authority to avoid disadvantages.
Frequently Asked Questions
Must the relevant study seminar be informed before relocating during the legal clerkship?
A relocation during the legal clerkship is generally possible; however, there are legal notification obligations to the competent study seminar or responsible training authority. As a rule, legal clerks are required to promptly notify any change of address in writing so that official decisions, documents, or summonses can be delivered correctly. Failure to notify may result in disadvantages, such as missing deadlines or loss of important communications. The jurisdiction of the study seminar usually remains unaffected by a change of residence, unless the relocation is to another federal state, which may require additional legal steps.
Does a relocation affect the entitlement to separation allowance or reimbursement of travel expenses?
A change of residence during the legal clerkship has a direct impact on social and civil service entitlements such as separation allowance or reimbursement of travel costs, if the daily commute to the work location exceeds a certain measure. In particular, in federal states with special regulations on overtime and travel expense reimbursement, it is essential that the new place of residence complies with the requirements of state civil service law. If the move is closer to the training school, certain benefits may partly or entirely cease. If moves occur without prior approval or notification, claims for amounts already paid may be reclaimed.
Can the employment relationship be affected by a move, particularly with regard to the responsibility of the training authorities?
The service relationship in the legal or pedagogical clerkship is usually managed at the state level. A relocation within the same federal state does not generally change the responsibility of the training authorities. However, if the residence is to be changed to another federal state, an application for transfer or assumption by the receiving state is required. There is no automatic legal right to such transfer; rather, it is a discretionary decision by the respective state authority and is usually only possible under strict conditions, such as proven particular hardship.
Are there any special landlord or registration law regulations to be observed during the legal clerkship?
Regardless of the status as a legal clerk, the general obligations under registration law must be observed when moving. Within a certain period (usually within two weeks after moving in), registration with the residents’ registration office at the new place of residence is required by law. For civil service candidates and legal clerks, it also applies that the new address must be provided in the civil servant relationship to ensure proper reachability and delivery of official documents and notifications. Neglect may result in significant disadvantages, such as non-delivery of examination notifications or official instructions.
What impact does a relocation have on health insurance and social security status during the legal clerkship?
When changing residence, the status in the statutory or private health insurance remains fundamentally unchanged as long as no fundamental conditions of the employment relationship change. However, the change of address must be promptly communicated to the health insurance fund or the aid office and, if applicable, to the accident insurance institution, so that documents and benefit statements can be properly assigned. For moves to other federal states, specific regulations for assistance may apply, which is why timely coordination with the respective office is necessary.
Can a relocation influence the assignment of the training school or training station?
The selection of the training school or training station is often based on residential criteria. Therefore, a relocation during the legal clerkship may affect the place of assignment if company or organizational requirements permit or necessitate this. In most cases, however, a change of the training school or training station is subject to strict legal requirements and is not automatic. A corresponding application must be submitted, the approval of which is at the discretion of the competent authority and depends on need and staff resources. There is no general entitlement.