Section 5a University studies

The German Judiciary Act

Full citation: German Judiciary Act in the version of the promulgation of 19 April 1972 (Federal Law Gazette Part I p. 713), as last amended by Article 9 of the Act of 5 February 2009 (Federal Law Gazette Part I p. 160)

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FIRST PART Judicial office in the Federation and Länder

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First Chapter Introductory provisions

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Section 1 Professional and honorary judges

Judicial power shall be exercised by professional and honorary judges.

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Section 2 Application to professional judges

The provisions of this Act shall apply only to professional judges except as otherwise provided by this Act.

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Section 3 Service employer

Judges shall be in the service of the Federation or of a Land.

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Section 4 Incompatible duties

(1) A judge shall not simultaneously perform duties of adjudication and legislative or executive duties.

(2) Besides duties of adjudication a judge may, however,

1. perform duties involving court administration,

2. perform other duties assigned by statute to the courts or judges,

3. undertake research and give instruction at a scientific institution of higher education, at a public teaching institution, or at an official teaching institution,

4. perform duties in matters concerned with examination,

5. act as chairman in conciliation agencies and in corresponding independent agencies within the meaning of section 104, second sentence, of the Federal Personnel Representation Act.

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Second Chapter Qualification for judicial office

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Section 5 Qualification for judicial office

(1) Whoever concludes his legal studies at a university by taking the first examination as well as a subsequent period of preparatory training by taking the second state examination shall be qualified to hold judicial office; the first examination comprises a university examination covering areas of specialisation and a state examination covering compulsory subjects.

(2) University studies and preparatory training shall be harmonised in content.

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Section 5a University studies

(1) University studies shall last for four years; this period may be of shorter duration in so far as the requisite attainments for admission to the university examination covering areas of specialisation and to the state examination covering compulsory subjects are demonstrated. Not less than two years shall be spent on studies at a university within the area of application of this Act.

(2) The course of studies comprises compulsory subjects and areas of specialisation with elective subjects. In addition, proof is required of the successful completion of a law course in a foreign language or a language course geared specifically to law; provision may be made under Land law that proof of foreign language skills can be provided in another manner. Compulsory subjects shall comprise the core areas of civil law, criminal law, public law and the law of procedure, including the links with European law, the methodology of legal science and the philosophical, historical and social foundations. The areas of specialisation serve to supplement university studies, to deepen knowledge of the compulsory subjects to which they relate, and to impart the interdisciplinary and international bearing of the law.

(3) The programme of studies shall cover the practice in court adjudication, in the administration and in legal advice, including the key qualifications required therefor, such as negotiation management, negotiation skills, rhetoric, conciliation, mediation, questioning techniques and communication skills. During the period where lectures are not held time shall be spent on practical studies for a total of not less than three months. Land law may provide that the time taken for practical studies shall be spent at one agency continuously.

(4) Detailed provision shall be made by Land law.

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Date: 2015-12-24; view: 992