German Legal Education and Judicial Training
German legal education is built upon a dual examination system — the two State Examinations (Staatsexamen) — that controls access to all regulated legal professions, including the judiciary, the bar, the public prosecutor’s office, the notariat, and senior positions in the civil service. Unlike the graduate model of the United States or the undergraduate degree of the United Kingdom, German legal education combines university study with a compulsory period of practical training known as the Referendariat. The system produces the Volljurist — the fully qualified legal professional who, having passed both state examinations, is eligible for any legal career path. The curriculum is heavily prescribed at the university stage, with an emphasis on the major codes of the German civil law tradition: the Bürgerliches Gesetzbuch (BGB), the Strafgesetzbuch (StGB), and the Grundgesetz (GG). The system is demanding: the average duration of legal education is six to seven years, and the examinations are among the most rigorous in the world.
University Legal Studies and the First State Examination
Legal education at German universities typically spans four to five years of full-time study, divided into a basic phase (Grundstudium) and an advanced phase (Hauptstudium). The curriculum is structured around the compulsory subjects (Zwangsfächer) : civil law (the BGB, including the General Part, the Law of Obligations, Property Law, and Family Law), criminal law (the General Part and the Special Part of the StGB), and public law (constitutional law, administrative law, and European Union law). Procedural law is integrated into each of the three main areas. Students must also study foundational subjects including legal history, legal philosophy, Roman law, and comparative law. Beyond the compulsory subjects, each student selects an elective focus area (Schwerpunktbereich) examined by the university, such as corporate law, labour law, international law, criminology, or legal sociology. The Schwerpunktbereich examination counts for approximately 30 percent of the overall grade for the First Examination. The university component is assessed through a combination of written examinations, seminar papers, and oral presentations.
The First State Examination (Erstes Juristisches Staatsexamen) is administered by the state judicial examination offices (Justizprüfungsämter) of the respective Länder. The examination comprises a series of written assignments (Klausuren) — typically six to eight over a period of several weeks — and a comprehensive oral examination. The written assignments are complex legal problem questions requiring candidates to draft judgments, legal opinions, or prosecutorial decisions. The oral examination tests the candidate’s ability to discuss legal issues interactively with examiners. The pass rate ranges from approximately 60 to 75 percent, varying by Land. A grade of Prädikatsexamen (a score of approximately 7.5 out of 18 points or higher in both examinations) is required for judicial appointment and is a significant advantage for careers in the bar and the civil service. The First Examination is the first major filter in the professional qualification process and exerts enormous pressure on students. Preparation typically involves years of intensive study, including attendance at private commercial revision courses (Repetitorien) that are almost universally attended by students in the final phase of their studies.
The Referendariat: Practical Legal Training
The Referendariat is a two-year period of practical legal training that follows the First State Examination. Legal trainees (Referendare) hold the status of public employees and receive a state salary. The Referendariat is organised into mandatory stations (Pflichtstationen) that expose the trainee to the principal legal institutions in the German legal system. The standard stations include: a civil court (Zivilgericht), where the Referendar works with a judge, drafts judgments, and observes civil proceedings; a public prosecutor’s office or criminal court (Staatsanwaltschaft or Strafgericht), where the trainee drafts indictments, participates in criminal investigations, and observes criminal trials; an administrative authority (Verwaltungsbehörde), which provides experience in public administration and administrative procedure; and a law firm (Rechtsanwaltskanzlei), where the trainee works under the supervision of a practising Rechtsanwalt. Each station lasts three to six months. Referendare may also select an elective station (Wahlstation) in a field of their choosing, including an international placement, a legal department of a corporation, or a European or international institution.
Throughout the Referendariat, trainees attend weekly working groups (Arbeitsgemeinschaften) organised by the training court or the state ministry of justice. These sessions provide instruction in procedural law, advocacy techniques, judgment-writing, legal ethics, and professional conduct. The working groups are led by judges, prosecutors, or practising attorneys and are designed to bridge the gap between academic legal study and the demands of professional practice. The combination of practical station work and formal instruction makes the Referendariat a distinctive and intensive professional training experience that is widely regarded as essential for the development of competent, practice-ready legal professionals.
The Second State Examination
The Second State Examination (Zweites Juristisches Staatsexamen) is the final stage of German legal education and the most decisive for career outcomes. The examination is administered by the state judicial examination offices and typically comprises eight to twelve written assignments (Klausuren) over several weeks, followed by an oral examination. The written assignments require candidates to resolve complex legal problems in a practical context, drafting judgments, administrative decisions, prosecutorial memoranda, or legal opinions. The assignments test the candidate’s ability to apply substantive law to factual scenarios, to structure legal reasoning, and to produce work product of a quality expected of a fully qualified legal professional. The oral examination tests the candidate’s ability to discuss legal issues, defend their positions, and engage with the perspectives of examiners. The overall pass rate exceeds 70 percent, but the grade distribution creates a competitive hierarchy. The combined grade of both state examinations — expressed on a scale from 0 to 18 points — is the single most important credential for legal careers. The grade earned in the Second Examination carries particular weight for judicial appointments and for admission to the most selective legal positions.
Appointment of Judges and Career Judiciary
Germany follows a career judiciary model in which judges enter the profession immediately after qualification, typically in their late twenties or early thirties. Aspiring judges must have achieved a Prädikatsexamen and must apply for judicial service through the state ministry of justice. Successful candidates are appointed as Richter auf Probe (judges on probation) for a period of three to five years. During this probationary period, their performance is evaluated by presiding judges and judicial appointment committees. Permanent appointment as Richter auf Lebenszeit (judge for life) requires a favourable evaluation and confirmation by the competent appointment body. The Richterwahlausschüsse (judicial selection committees) — composed of politicians, judges, and practising lawyers — play a significant role in appointments, particularly for higher courts. Judges enjoy the guarantee of personal independence under Article 97 of the Basic Law (Grundgesetz), which provides that judges are independent and subject only to the law. They may be transferred or removed only by judicial decision, and their salaries are constitutionally protected. The career judiciary model is a defining feature of the German legal system and reflects the civil law tradition’s conception of the judge as a specialised civil servant dedicated to the impartial application of codified law.
The Bar and Continuing Legal Education
Admission to the bar as a Rechtsanwalt is open to any Volljurist who has passed both state examinations. The applicant must apply for admission to the regional bar chamber (Rechtsanwaltskammer) of the relevant Land. There is no additional bar examination beyond the Second State Examination, making the German system relatively open compared to the separate bar examination regimes of the United States, France, and other jurisdictions. Once admitted, Rechtsanwälte are subject to mandatory continuing legal education requirements. The Federal Bar Association (Bundesrechtsanwaltskammer, BRAK) requires attorneys to complete at least 15 hours of accredited continuing legal education per year. Failure to comply may result in disciplinary sanctions, including fines. The continuing education system is administered by the regional bar chambers and by specialised providers, including the German Lawyers’ Academy (Deutsche Anwaltsakademie). The system allows Rechtsanwälte to specialise through the Fachanwalt designation, which requires substantial practical experience and a rigorous written examination in one of approximately 24 recognised specialisation areas.