Definition and significance of the Second State Examination
The Second State Examination refers to a state final examination in Germany that is taken after completing a preparatory service (“Referendariat”) in various public sector professions, especially in the field of legal administration (law, teaching, as well as medicine). Usually, passing this examination constitutes the formal requirement for practicing professions at the higher service level, particularly for positions as judge, prosecutor, or Rechtsanwalt (if not appearing in headings, this can be correspondingly addressed in the text). The Second State Examination follows directly after the First State Examination and is an integral part of the respective training concepts.
Second State Examination in the legal field
Historical classification and legal framework
The introduction of the Second State Examination stems from the necessity to prove not only the theoretical knowledge acquired during university studies, but also practical aptitude for the public service. The legal bases for the Second Legal State Examination are found predominantly in the German Judiciary Act (Deutsches Richtergesetz, DRiG) as well as in the respective regulations of the German federal states concerning legal education (laws and ordinances relating to legal training and examinations).
Structure of the preparatory service (Referendariat)
The Second State Examination follows university studies and the First State Examination. The subsequent preparatory service, often referred to as the Referendariat, generally lasts two years. It is organized by the state and includes various stages:
- Civil law stage
- Criminal law stage
- Administrative law stage
- Elective stage
- Anwaltsstation
During the Referendariat, graduates gain practical experience in various areas of legal administration. The exact procedures and content of the training vary between the federal states but are governed by the framework corresponding to the DRiG.
Examination structure and subject matter
The Second State Examination usually consists of two parts:
- Written part: Several exam papers (usually seven to eight) are completed within a few weeks. These exams cover different areas of law and require a high level of practical application and problem-solving skills. The main focus is on civil law, criminal law, and public law.
- Oral part: After passing the written exams, the oral examination follows. It consists of a file presentation and an examination discussion, in which candidates discuss various legal topics with the examination board.
Assessment and legal terminology
The Second Legal State Examination is graded according to a nationwide uniform points system that is based on a scale from 0 to 18 points. Depending on the points achieved, distinctions such as ‘sufficient,’ ‘fully satisfactory,’ ‘good,’ or ‘very good’ are awarded. A “Prädikatsexamen” (at least nine points) often opens doors to certain careers in the public sector as well as to academic careers.
Passing the Second State Examination is required for admission to higher judicial service. With successful completion, qualification for judicial office in the sense of the German Judiciary Act is demonstrated.
Second State Examination in other professions
Second State Examination in teaching
In addition to legal education, there is the Second State Examination in the field of teaching. After passing the First State Examination or a master’s degree and completing the ensuing preparatory service (often called the Referendariat at schools), the Second State Examination is taken to determine pedagogical, subject-related, and didactic aptitude.
The legal basis for this is primarily found in the educational laws of the federal states and the relevant examination regulations.
Second State Examination in medicine
In the field of human medicine, the Second State Examination corresponds to the so-called “M2,” which is taken before the final year of medical studies (“Praktisches Jahr”, PJ). It is part of the multi-stage medical state examination, but the terminology may vary, and it is often specifically referred to as the ‘Second Section of the Medical Examination’ for human medicine.
Legal status and significance in professional life
The Second State Examination marks the end of practical training and, from a legal perspective, constitutes the prerequisite for a wide range of career opportunities in the public sector and freelance work. Passing the examination grants recognition of competencies and skills for independent work, particularly in legal or teaching professions.
Access to career paths and professional opportunities
In the legal field, the Second State Examination is mandatory for employment in higher judicial service, judicial administration, or the Anwaltschaft. In teaching, it is a prerequisite for civil servant status or employment in schools, and in the medical field, it is a basic requirement for access to the profession.
Admission requirements, registration formalities, and deadlines
Admission to the Second State Examination requires successful completion of the First State Examination or an equivalently recognized higher education degree. For registration, specific deadlines, supporting documents, and applications to the state judicial examination offices or the relevant state authorities must be observed; detailed regulations are determined by the examination regulations of the federal states.
Resitting and appeal of examinations
The Second State Examination may be retaken once, and in some cases twice, in the event of failure, according to the examination regulations of the federal states. The deadlines for resitting are set narrowly according to state regulations. Legal remedies against examination decisions (e.g., in cases of suspected grading errors) are available under general administrative court jurisdiction and subject to the respective instructions on legal remedies.
Differences among the federal states
The structure of training, the process of the preparatory service, and the specific structure of the examinations can differ from state to state. The state judicial examination offices regularly provide updated information and publish the examination dates, content, and modalities.
Summary
The Second State Examination is a comprehensive state final examination, the successful completion of which represents an essential legal, pedagogical, or medical qualification. The legal framework, organizational process, examination modalities, and professional implications are bindingly and extensively regulated by federal and state laws in the public interest. The Second State Examination ensures qualification for the assumption of responsible positions in the German state system as well as in other sectors where special entrance requirements apply.
Frequently asked questions
What legal requirements must be met for admission to the Second State Examination?
Admission to the Second State Examination in the legal field in Germany requires, in accordance with the respective laws governing legal education of the federal states (JAG) and the relevant ordinances, the successful completion of the First State Examination (or the First Legal Examination). Furthermore, the prescribed period of the Referendariat, generally 24 months (preparatory service), must be fully and properly completed. During this period, mandatory placements (e.g., at court, prosecutor’s office, Rechtsanwalt) and regularly scheduled working groups must be documented. For registration, various documents such as certificates, placement records, if applicable performance records, a current registration certificate, proof of medical fitness, and usually a certificate of good conduct must be submitted. Depending on the federal state, further specific requirements (e.g., language skills or compensation options in the event of illness) may apply. Without proof of the full and proper completion of the legal Referendariat, admission is not possible.
What legal regulations govern the content and structure of the Second State Examination?
The content and structure of the Second State Examination are regulated by the laws governing legal education (JAG) and the ordinances issued by the federal states for this purpose. These stipulate that the exam consists of a written and an oral part. The written examination normally comprises six to eight exam papers in various areas of law (including civil law, criminal law, public law), all to be completed under exam conditions and within a set period. The oral examination is conducted only after passing the written part and typically consists of a file presentation and testing in several areas of law by a state examination board. The examination content and syllabus are laid down in detail in the respective training regulations. Variations in the examination modalities and scope are possible between the federal states.
What deadlines, deadline violations, and resit options apply to the Second State Examination?
The legal basis for deadlines in the Second State Examination is provided by the laws governing legal education and the training ordinances of the federal states. The application for admission to the examination must be submitted within a certain period after completing the Referendariat; otherwise, a delay may result in legal disadvantages, such as late admission to examination or loss of the right to take the exam. In case of illness or other serious reasons, applicants may request an extension or alternate date, provided that medical certificates or appropriate evidence are submitted. In the event of failure, there is usually a one-time right to resit the entire state examination (§ 21 JAG or corresponding state regulations), whereby renewed admission is often subject to conditions such as completing certain training sections or a waiting period. Withdrawal from the examination is also subject to strict formal requirements and must be declared in good time and with proof.
What are the legal consequences of failing the Second State Examination?
Failure of the Second State Examination has significant legal consequences according to the laws governing legal education. Without passing this state examination, entry to traditional legal professions such as judge, prosecutor, notary, or fully qualified lawyer in administration is not possible, as passing the Second State Examination is a prerequisite for admission to these professions. In the case of final failure (after permitted resits), any claim to retake the examination in Germany ceases, and the Referendariat and the right to examination are definitively terminated. This impacts further professional prospects: graduates can only carry out legal work in professions that do not require admission as Rechtsanwalt or judge, but there is no longer any possibility of acquiring judicial qualification. Exceptions exist only in rare cases of particularly severe hardship, on which the responsible examination authority decides at its discretion.
Which statutory regulations govern the assessment and grading in the Second State Examination?
The assessment of examination performance in the Second State Examination is governed by the provisions of the laws on legal education, the examination regulations, and the corresponding administrative provisions. The evaluation of written and oral examination performance is subject to objective standards, usually in the form of points systems (0 to 18 points). The precise structure of the assessment—such as grading tables, minimum points required to pass individual exams and the overall examination, and requirements for weighting written and oral components—is legally defined in the state examination ordinances. Assessment is carried out in two independent reports, with a third reviewer involved if there are significant discrepancies. Comprehensive documentation and transparency obligations apply. Legal remedies against grades can be pursued through objection proceedings and subsequently by bringing an action before the administrative courts, subject to the discretion of the examiners.
What legal options exist in the event of examination appeals or complaints?
If examinees believe that grading errors, procedural violations, or other unlawful issues occurred in the examination process, they have the right to appeal the decision. The first step is lodging a formal objection to the examination decision with the responsible examination authority within a specified period (usually one month from receipt of the decision). If the objection is not remedied, a challenge before the administrative court is possible. Legally relevant issues include, for example, violations of equal opportunities, failure to observe assessment standards, procedural errors (such as insufficient processing time, unauthorized aids), or health impairments that were not adequately considered. The judicial review generally extends to compatibility with the objective assessment standard, not to the examiner’s subjective marking, as the examiners have discretion. Legal representation and access to the examination file may be advisable during the complaints process.
What are the consequences of the Second State Examination for professional licensing from a legal perspective?
Passing the Second State Examination is, according to German law, a prerequisite for admission to Rechtsanwaltschaft (§ 4 BRAO), for judicial service (§ 5 DRiG), for the prosecutor’s office, and other traditional legal professions in the public sector. The relevant state judicial examination offices or examination authorities forward the successful examination certificates to the competent bodies, which then consider the qualification for the legal preparatory service to have been provided. Only then can admission as Rechtsanwalt (through the Bar Association), notary, or for a judicial career be applied for, whereby further professional requirements (e.g., personal reliability, no previous convictions) must also be met. The Second State Examination applies nationwide and can therefore be used in any German federal state for admission to the corresponding legal professions. Recognition abroad is determined by the respective national law of that country.