Section 112a Certification of equivalence for admission to judicial preparatory training

(1) Nationals of a Member State of the European Union, of another contracting state to the Treaty on the European Economic Area or of Switzerland who hold a university diploma in law which was conferred by one of these states and provides access in that state to post-university training for the profession of "European Lawyer" pursuant to section 1 of the Act on the Activities of European Lawyers Practising in Germany shall be admitted to the preparatory training on application being made if their knowledge and skills correspond to the knowledge and skills attested by the state examination covering compulsory subjects according to section 5 subsection (1).

(2) The review of the knowledge and skills required under subsection (1) shall cover the university diploma and the submitted proofs, especially degree certificates, examination certificates, other proofs of qualification and proofs of relevant work experience. Where no or only partial equivalence is certified, an aptitude test will be conducted on application being made.

(3) The aptitude test consists of a state examination in German which relates to the required knowledge of German law and which attests to the ability to successfully complete the legal preparatory training. The examinations shall cover civil law, criminal law and public law, including the associated law of procedure. Those written examination papers of the state examination covering compulsory subjects in the legal fields referred to in the second sentence shall be taken for which the review referred to in subsection (2), first sentence, did not already establish sufficient proficiency.

(4) The aptitude test shall be deemed to have been passed where a candidate

1. has passed the number of examination papers required to pass the state examination covering compulsory subjects according to the law of that Land in which the examination is taken, in any event at least half of the examination papers required by the state examination covering compulsory subjects, and

2. has passed examination papers in no less than two legal fields referred to in subsection (3), second sentence, of which at least one must be an examination paper in civil law.

Where proof of sufficient proficiency in one of the legal fields referred to in subsection (3), second sentence, has already been provided within the framework of the review referred to in subsection (2), first sentence, the examination papers in this field shall be deemed to have been passed.

(5) A failed aptitude test may be repeated once.

(6) The establishment of equivalence according to subsection (1) shall have the effect of a passed first state examination within the meaning of section 5 subsection (1).

(7) The Land judicial administrations or other offices responsible for holding the state examination covering compulsory subjects shall be responsible for certifying the equivalency of examinations and for conducting the aptitude test. SeveralLänder may establish a joint examination board for the purposes of conducting these examinations.

table of contents

Sections 113 – 118
(Repealed)

table of contents

Date: 2015-12-24; view: 830