Term and general information about oral examinations
The oral examination is a form of assessment in which a person’s performance is determined and evaluated in direct, verbal interaction with examiners. It is one of the three main forms of performance evaluation and knowledge control in the legal system and educational sector, alongside the written examination and the practical examination. The oral examination is legally regulated in numerous legal areas and plays a central role, particularly in the context of professional licensing, state examinations, university degrees, as well as in administrative procedures. Its legal design is especially defined by laws, regulations, and administrative provisions.
Legal basis for the oral examination
General legal regulations
The conduct and assessment of oral examinations are regulated in various specific statutory provisions. There is no general legal definition. Legal foundations can be found, among others, in:
- Federal and state laws on university degrees (e.g. university examination regulations)
- Laws and regulations for state examinations (e.g. Law on Legal Education, teacher examination regulations)
- Training and examination regulations for recognized training professions under the Vocational Training Act (BBiG)
- Public service regulations (including career regulations)
- §§ 102 ff. Administrative Procedure Act (VwVfG) in hearing procedures, if hearings are conducted orally
These provisions regulate the scope, procedure, assessment, composition of the examination board, and legal remedies against examination decisions.
University regulations
In the context of university degrees, oral examinations are detailed in the respective examination regulations of faculties, departments, or universities. Frequently required components of such examination regulations are:
- Admission requirements
- Structure of the examination procedure
- Composition and powers of the examination board
- Documentation obligations (in particular keeping minutes)
- Assessment criteria and decision-making
Special provisions for state examinations
Oral examinations within the framework of state exams are subject to particularly strict regulation, for example in the fields of law, medicine, teaching, or pharmacy. Their conduct follows specific state examination regulations and is supervised by authorities. The examination usually includes individual or group exams, structured questions, subject-specific examination commissions, and formalized assessment procedures.
Procedure and organization of the oral examination
Examination content and formats
The scope and content of the oral examination are determined by the relevant provisions of the applicable examination law. Common structures include:
- One-on-one interviews (colloquium)
- Group examinations
- Presentation of a topic followed by discussion
- Role play or case studies in exchange with the examination board
Examiners and observers
According to the relevant regulations, participation in the oral examination is usually limited to the examination candidates, the members of the examination board, and if applicable, recorders. In certain cases, subject experts or assessors may also participate, for example in legal remedies against the examination decision. The impartiality and neutrality of the examination board is expressly required by legal provisions.
Documentation obligation and securing evidence
In accordance with the principle of a fair examination procedure, examination law generally requires the documentation of the examination process and the questions asked. The minutes serve, in case of legal review (e.g. in objection proceedings or a lawsuit before an administrative court), as evidence.
Assessment and legal consequences
Assessment criteria
The assessment of an oral examination is primarily based on the accurate and objective evaluation of the performance demonstrated, according to the assessment criteria defined in the examination regulations. The evaluation is subject to the principle of equal opportunity and must be comprehensible and reviewable. It generally takes place according to a fixed grading system (e.g. point system, grade levels).
Right to be heard and access to records
According to Article 19(4) of the Basic Law and general principles of administrative procedure law, examinees have the right to a hearing and to access the examination documentation. This ensures the transparency of the examination procedure and allows for the review of decisions.
Legal remedies and judicial review
Errors in the conduct or assessment of an oral examination can be challenged through administrative legal remedies. In particular, these include:
- Objection (if applicable)
- Action before the administrative court for a repeat or reassessment
Examination law is subject to limited judicial review: the court review is generally restricted to procedural errors, obvious errors in assessment, or discretionary errors (“margin of appreciation of the examiners”).
Special forms and peculiarities
Compensation for disadvantages
Examinees with a disability are entitled to compensation for disadvantages if their performance would be impaired by the oral examination. Compensation must be provided for in the examination regulations and may, for example, involve an extension of examination time, the use of technical aids, or adjustments to examination conditions. The refusal of compensation for disadvantages is subject to judicial review.
Repetition, absence, and cheating
The regulations concerning repetition and absence in oral examinations are set out in detail in the applicable examination law. In principle, a repeat examination is possible after failure. Attempts to cheat usually lead to failure and may result in exclusion from further examination procedures. The rights to a hearing and to be heard must also be ensured in these cases.
Significance in the procedure and conclusion
The oral examination is a central instrument of performance assessment in numerous legally regulated examination procedures, from higher education through to professional licensing. Its conduct and assessment are subject to a strict legal framework, which both protects the rights of participants and ensures the objectivity and verifiability of the examination procedure. Thus, it is an important component of the rule-of-law examination system in Germany.
Frequently asked questions
Which legal regulations determine the admissibility and structure of oral examinations?
Oral examinations in German law are subject to various regulations, depending on the educational institution, type of examination, and examination regulations. Fundamentally, the relevant state higher education law (e.g. § 16 BayHSchPrüfungsordnung) or corresponding vocational training laws (e.g. BBiG for vocational education) apply. In addition, the examination regulations of the individual educational institutions or chambers (such as universities, chambers of industry and commerce) specify the conduct, format, and assessment of the oral examination. The principles of administrative law (in particular Art. 3 Basic Law – principle of equal treatment – and the right to be heard in accordance with Art. 103(1) Basic Law) must always be observed. There are also specific requirements for the examination record (§ 24 VwVfG, if administrative procedures are relevant), for personal performance, and, where applicable, legally regulated options for compensation for disadvantages (e.g. in the case of disability under § 3 Disability Equality Act). Legal regulations ensure that the oral examination is transparent, comprehensible, fair, and reviewable.
What rights and obligations do examinees have during the oral examination?
According to examination law, examinees have the right to be heard, meaning they must be given the opportunity to respond to all examination-relevant questions. The examination regulations often stipulate that an appropriate amount of time must be allocated for each part of the examination for the presentation of knowledge. Furthermore, there is a right to impartial treatment (Art. 3 Basic Law), i.e., to have the examination conducted by neutral and competent examiners. Obligations also result: the examination must generally be taken personally (strictly personal performance), and any cheating or use of unauthorized aids is not permitted and leads to legal consequences up to and including the revocation of the examination result. Examinees have an obligation to cooperate in organizational matters (e.g. appearing on time, presenting identification). In the event of disruptions or appeals, these must be reported immediately, otherwise legal claims may be forfeited.
What legal options exist for challenging the result of an oral examination?
If dissatisfied with the result of an oral examination, examinees generally have access to legal remedies. Crucially, there is a right to have the grade reviewed by means of an objection (or, at universities, a remonstration) within the period specified in the examination regulations (usually 1 month from notification). An objection may be based on assessment errors (misuse of discretion, incorrect evaluation of the facts), procedural errors (e.g. bias of examiners, missing examination record, violation of the right to be heard), or other legal violations (e.g. discrimination). If the objection is unsuccessful, a claim can be filed with the competent administrative court. It should be noted that courts respect the professional judgment of examiners (examination case law of the Federal Administrative Court), meaning evaluations may only be annulled in cases of gross, objectively ascertainable errors.
What requirements apply to the composition and qualification of the examination board in oral examinations?
The examination regulations or legal basis bindingly specify the composition of the examination board or examination committee. As a rule, the board must consist of at least two qualified examiners. For universities, such obligations arise from state higher education laws, which stipulate that the examiners must themselves have supervised examinations and must be habilitated or otherwise appropriately qualified in the relevant subject. For chamber examinations (e.g. IHK, HWK), the relevant regulations for instructor qualifications and examiners apply. If there are grounds for bias (personal relationship, prejudice, conflict of interest) or lack of qualification, the board may be challenged; the right of challenge must be legally safeguarded and is subject to the deadlines and procedures laid down in the regulations.
What must be observed when recording minutes of oral examinations from a legal perspective?
Proper recording of an oral examination is legally mandatory to ensure the examination procedure is understandable and reviewable. The minutes must at least include the main questions posed, the examinee’s responses, the examiners’ assessments, any particular incidents, as well as the start and end of the examination. This is particularly important for possible later review or legal proceedings. The minutes are part of the examination file and must be made accessible to the examinee on request as part of the right to inspect records pursuant to § 29 VwVfG (or corresponding provisions in special laws). If the requirements for recording are breached, the entire examination may become legally contestable.
What regulations govern the repeatability and scheduling of oral examinations?
The rules on repeatability and the scheduling of oral examinations can be found in detail in the relevant examination regulations and, if applicable, in state legal provisions. Usually, a limited number of retakes is allowed (often two to three), with binding deadlines for registering for or taking the retake. Often, after the final failure of the oral examination, the entire examination procedure is considered failed. Scheduling is subject to the requirement of timeliness so as to test current knowledge, while giving examinees sufficient preparation time. Absence for a valid reason (illness, force majeure) must be credibly demonstrated, usually by a medical certificate; otherwise, the examination is deemed failed.
How are data protection and confidentiality legally regulated in oral examinations?
The protection of personal data of examinees has the highest priority in examination law and is subject to the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Examination data may only be processed for the purposes of conducting and documenting the examination. Access to examination documents is permitted only to the examinee and legally involved parties. Audio and video recordings are only permitted if expressly provided for in the examination regulations and approved in advance by all parties involved. When publishing examination results, for example in lists, names must be replaced by pseudonymous identification. Violations of data protection regulations may lead to invalidity of the examination or claims for compensation.