Definition and basics of the repeat attempt in exams
Der Repeat attempt in exams refers in the legal system to the possibility of retaking a final examination that was not passed. The term is used particularly in the context of state examinations at universities, for example, the first and second state examinations in law degree programs. The repeat attempt is an essential element of examination law and is intended to ensure equal opportunities and the possibility of making up for failure.
This article provides a comprehensive overview of the legal framework, the requirements, and the consequences of a repeat attempt in exams. Furthermore, the different regulations at the state and federal levels as well as administrative court case law are presented.
Legal foundations
Statutory regulations
The statutory regulations on the repeat attempt in exams arise from various examination and university laws of the federal states and federal institutions. For example, the German Judiciary Act (DRiG) contains mandatory requirements for the legal state examination. These are further supplemented by state laws which additionally regulate, for example, the Acts on Legal Training (JAG) of the federal states.
Examination regulations
In addition to the laws, examination regulations of the respective examination offices set out detailed provisions regarding the procedure and conditions for the repeat attempt. Important points here include:
- Number of permissible repeat attempts
- Requirements for deadlines and registration procedures
- Rules on attempts to cheat and withdrawal
- Special provisions for particular reasons (e.g. illness, maternity protection)
Example: Legal state examinations
For legal examinations, § 22 DRiG stipulates that a failed exam may be repeated once. The exact arrangement is the responsibility of the federal states.
Requirements for the repeat attempt
Failure of the examination
The basic prerequisite for a repeat attempt is the definitive failure of the examination. A merely ‘poor’ result which is nevertheless considered to be a pass does not entitle one to a conventional repeat attempt.
Number of repeat opportunities
Depending on the examination regulations, the permitted number of repeats varies:
- Regular repeat attempt: Often, only one attempt is allowed.
- Second repeat attempt (so-called “second repeat attempt” or “third examination opportunity”)
– This is usually permitted as a “hardship provision” or in cases of special exceptional reasons.
Waiting periods and deadlines
Examination regulations set deadlines by which the repeat attempt must be undertaken. Failure to observe these deadlines can result in permanent exclusion from further examinations.
Requirements for hardship provisions
An additional repeat attempt beyond the regular possibilities generally requires the presence of special, proven reasons. These reasons can include, for example:
- Serious illness
- Pregnancy or maternity protection
- Unforeseeable events of significant consequence
An entitlement exists only if the criteria of the respective examination regulations are fulfilled.
Procedure and legal consequences of the repeat attempt
Application and procedural steps
The application for a repeat attempt must be submitted to the competent examination authority. It must be filed within the stipulated deadline and is subject to formal examination by the authority. Documentation is often required, especially when applying for another repeat under hardship provisions.
Conducting the repeat attempt
The repeat attempt follows the model of the initial examination. One difference is that in certain cases, there is no possibility to repeat a failed repeat examination again (“final failure”).
Consequences of final failure
Final failure after the repeat attempt results in the loss of the right to examination and the authorization to practice the profession, insofar as admission depends on passing the exam (e.g. no admission to preparatory service).
Special provisions and peculiarities
Free attempt and opportunities for improvement
Many examination regulations provide for the so-called free attempt , which allows the examination to be taken before the end of the standard period of study. An exam failed during a free attempt is often not considered a failed attempt. There are also sometimes opportunities for improvement if the examination was passed but the desired result was not achieved.
Possible special cases
- Withdrawal before the start of the examination: If a withdrawal occurs for valid reasons before starting the examination, the exam is usually considered as not taken; the right to a repeat attempt remains unaffected.
- Cheating and breach of regulations: In the case of proven cheating, an exam attempt can be considered failed regardless of the result, and the right to a repeat attempt can be forfeited.
Administrative law aspects and legal protection
Legal remedies against examination decisions
Examinees can lodge appeals against negative decisions concerning the repeat attempt. Often an objection procedure is possible, which, if unsuccessful, may be followed by a lawsuit before the administrative courts.
Judicial decisions
The courts particularly examine:
- Compliance with the principles of equal opportunities
- The legality of the rejection of the repeat attempt
- Observance of deadlines and formal requirements
At the heart of judicial review are questions of proportionality as well as equal treatment and protection of legitimate expectations in the area of examinations.
Significance of the repeat attempt in the overall context of examination law
The repeat attempt in the examination is central to the principle of equal treatment and the permeability of academic qualification processes. The regulations offer, on the one hand, a protective mechanism against the finality of individual failures and, on the other hand, also limit the number of exam attempts in order to maintain the validity of the degree as well as the efficiency of the training and examination system.
Overall, the repeat attempt is a controlled but also limited component of the examination regulations, whose legal drafting equally contributes to protecting examinees and examination institutions.
Literature and further regulations
- German Judiciary Act (DRiG)
- Acts on Legal Training (JAG) of the federal states
- Examination regulations of the universities and state judicial examination offices
- Code of Administrative Court Procedure (VwGO)
- Commentaries on relevant laws and regulations
The repeat attempt in exams is subject to comprehensive and differentiated statutory regulations. Its arrangement is crucial for the fairness and efficiency of the examination system. It is advisable for examinees to consider not only the statutory provisions but also the additional guidance and professional regulations in detail.
Frequently asked questions
What legal requirements must be met for a repeat attempt in exams?
The requirements for a repeat attempt in exams are strictly regulated by law and may differ depending on the examination regulations and federal or state law. Usually, it must first be established that the exam was definitively not passed on the first attempt. It should be noted that a distinction is made between regular failure and so-called cheating or withdrawal, as the latter often does not entitle to a repeat attempt. Furthermore, a formal application for admission to the repeat attempt must regularly be submitted, with its deadline regulated in the relevant examination regulations. In some cases, a minimum waiting period must be observed or proof must be provided that exam preparation has taken place during the repeat period. In some cases, an individual counseling session is mandatory before the application is accepted. In addition, there must be no record of attempts to cheat or serious violations of regulations in the first attempt that could result in permanent exclusion from further exams.
What deadlines must be observed when applying for a repeat attempt?
The relevant deadline for applying for a repeat attempt is set forth in the examination regulations of the university or the examination office. Typically, the period begins upon notification of the final failure and ranges between two weeks and six months. At some examination offices, the application must be submitted even within a few days of the official notification. If the examinee misses this deadline, the right to a repeat attempt is usually irrevocably lost. In exceptional cases, such as missing the deadline through no fault of one’s own (e.g. proven illness), a catch-up application may be possible; however, compelling evidence must be provided for this, and the decision is at the discretion of the examination authority.
Is there a restriction on the number of possible repeat attempts in exams?
The number of permissible repeat attempts is regulated by the examination regulations and varies depending on the field of study and jurisdiction. In the legal field, there is generally a single repeat attempt provided for in the state examination. In other disciplines, such as in medical exams, up to two repeat attempts are sometimes possible. In rare exceptional cases, a further so-called hardship attempt can be requested, the approval of which, however, is subject to very strict conditions. An unlimited number of repeat attempts is generally not allowed in exams, as the number of attempts also ensures the quality and integrity of the qualification.
Under what circumstances can a so-called “free attempt” be claimed legally, and how does it affect the repeat attempt?
A free attempt is an attempt to take the exam without it counting as a regular attempt, provided it is not passed. The legal regulations for this can mainly be found in the legal field, for example in the acts on legal training of the federal states. The basis for the free attempt is usually application for the exam within a set period after the start of studies without exceeding certain free attempt limits (e.g. no more than the regular period of study plus one semester). If the free attempt is not passed, the exam is not considered definitively failed, and the examinee retains the right to a regular first and, if applicable, a second repeat attempt. Passing the exam in a free attempt counts fully; a withdrawal or non-attendance is generally counted as not having taken the exam, making the free attempt used up.
What are the legal consequences of a definitively failed exam despite a repeat attempt?
A final failure of the exam, even after a repeat attempt, results in the examination procedure being legally closed. Legally, this means denial of the qualification and thus exclusion from further participation in this state exam. Depending on the federal state and field of study, not only the relevant degree program or examination eligibility for the profession is thereby ended, but also enrollment in comparable or related courses with this degree may be legally ruled out. Furthermore, a final notice with information on legal remedies may be issued, against which an appeal or a lawsuit at the administrative court can be filed within a legally stipulated period (usually one month).
Is there a right to inspect records in connection with a failed repeat attempt?
From the rule of law principles of transparency and traceability of administrative decisions, there is generally a right to inspect records. Thus, after notification of final failure, the examinee is entitled to inspect examination documents, evaluation reports, and minutes. This inspection may take place in person or via an online file and is intended in particular to allow the examinee to understand the decision-making process and possibly identify errors or irregularities in evaluation that could form a basis for appeal. The request for inspection must usually be made before the end of the time limit for legal remedies, with authorities being required to grant an appointment or access without delay.
What legal options exist to challenge an allegedly incorrect result of the repeat attempt?
If examinees have justified doubts about the correctness of the assessment or the proper conduct of the examination procedure during the repeat attempt, there are several legal options available to them. First, an objection or remonstration can be filed against the examination decision; this often has to be submitted in writing to the examination authority within one month after receipt of the result. The reasoning must contain substantial indications of errors in assessment, errors of discretion, or procedural deficiencies. If the remonstration is rejected, an action before the administrative court may be filed. In the case of serious procedural errors (such as bias of examiners or violations of examination regulations), the annulment of the examination decision is even possible. If assessment errors are proven, a re-evaluation of the examination performance may be considered. However, examination law generally provides for a so-called examination assessment prerogative, meaning that the professional assessments of examiners are subject to only limited judicial review.