Public law training relationship
A public-law apprenticeship relationship is an apprenticeship relationship of its own in which a preparatory service is performed on revocation instead of a civil servant relationship . The most common public law apprenticeships are in legal training in Germany .
history
The opening clause in Section 14 (1) of the Civil Service Framework Act (BRRG) in the version dated February 24, 1997 ( Federal Law Gazette I p. 322 ) made it possible for the federal states to perform a preparatory service in a public-law training relationship outside of a civil service relationship can, provided that the preparatory service is also a prerequisite for exercising a profession outside of the public service . This is the case with the legal preparatory service, because this is a prerequisite for becoming a lawyer . In fact, only a minority of people who completed a legal internship and for judgeship qualifications acquired, official or judge . With the opening clause, the federal states were able to deviate from the principle that career applicants perform preparatory civil service on revocation. The change to a public apprenticeship was usually justified with the aim of saving personnel costs.
With the federalism reform in 2006, the federal states acquired legislative competence for the careers of civil servants and judges. The federal government can, however, continue to regulate status rights and obligations by law. This made the opening clause of the Civil Service Framework Act obsolete. The federal states can now also extend training relationships under public law to other cases.
The federal government has not set up any training contracts under public law. Nor does he conduct a legal preparatory service.
Legal training
The two-year legal preparatory service between the first examination and the second state examination , with which the qualification for judicial office is acquired, takes place in all federal states except Mecklenburg-Western Pomerania in a public law training relationship.
Legal position
The public law apprenticeship relationship for prospective lawyers is determined by the respective legal training laws of the federal states . The prerequisite for admission to the apprenticeship is passing the first exam. The training relationship exists with the country. The job title in the apprenticeship is "Rechtsreferendar".
The superior of the service and as such responsible for the service law decisions on the personal affairs of the trainee lawyers is the president of the regional court , to which they have been assigned as the main service. The President of the Higher Regional Court in whose district the preparatory service is performed is responsible for all decisions leading to training . Superiors are the heads of the training center as well as the trainers and the working group leaders to whom the trainee teachers are assigned.
Trainee lawyers receive rest and special leave in accordance with the regulations for civil servants and judges in the state.
In some federal states, trainee lawyers have to submit a declaration similar to the oath of service, about which a record is to be made, which is included in the personal file. The explanation is z. B. in Schleswig-Holstein : "I undertake to observe the constitution and laws and to fulfill my official duties faithfully and conscientiously ."
According to civil service regulations, trainee lawyers are guaranteed entitlement to benefits in the event of reduced earning capacity and in old age as well as to survivors' benefits . This applies e.g. B. not in Thuringia . In health, long-term care and unemployment insurance, there is compulsory insurance in a training relationship under public law, because there is no entitlement to continued payment or allowance in the event of illness .
covers
Trainees receive a monthly maintenance allowance. It is directed z. B. in North Rhine-Westphalia according to the regulation on the granting of a monthly maintenance allowance to trainee lawyers . The maintenance allowance consists of a monthly basic amount of 1275.17 euros and a family allowance . Legal trainees in Mecklenburg-Western Pomerania who are on revocation in a civil service relationship, however, receive a basic candidate amount of 1402.50 euros. In addition, travel and relocation allowances are granted in accordance with the provisions applicable to the respective state officials.
content
The legal preparatory service takes place at compulsory stations as well as one or more optional stations, where appropriate training is guaranteed. Compulsory posts are an ordinary court in civil matters , a public prosecutor's office or a court in criminal matters , an administrative authority and a lawyer . The compulsory stations each last at least three months, for lawyers at least nine months. The training can take place to an appropriate extent at supranational, interstate or foreign training centers or foreign lawyers ( Section 5b DRiG ).
Other cases
Preparatory services in a public service relationship outside of the training to become a fully qualified lawyer are for example in the following areas.
fire Department
In a public-law apprenticeship relationship, the training takes place which is intended to provide the necessary technical training for employment in the preparatory service of the second entry office of career group 1 of the fire service of the state of North Rhine-Westphalia .
Legal specialist
The training of lawyers from the state of North Rhine-Westphalia can take place as part of a public-law training relationship.
Teacher training
If the civil service requirements are not met, prospective teachers can e.g. B. in Baden-Wuerttemberg do the preparatory service in a public law apprenticeship. This is most common for applicants who are not citizens of a country in the European Union or the European Economic Area .
References and comments
- ↑ a b Civil Service Framework Act. Retrieved October 14, 2019 .
- ↑ a b Legal clerkship in MV. Retrieved October 14, 2019 .
- ↑ In the following, the situation in North Rhine-Westphalia according to JAG NRW is presented. Different regulations may exist in other countries.
- ↑ § 9 Paragraph 2 JAG SH. Retrieved October 14, 2019 .
- ↑ a b civil servants / 5 trainee lawyers in public law apprenticeships. Retrieved October 14, 2019 .
- ↑ Ordinance on the granting of monthly maintenance allowance to trainee lawyers. Retrieved October 14, 2019 .
- ↑ Ordinance on a public-law apprenticeship relationship for access to the preparatory service of the second entry office of career group 1 of the fire service (Tierausbildungsverordnung Feuerwehr - StufAVO-Feu NRW). Retrieved October 14, 2019 .
- ↑ Ordinance on the training and examination of legal specialists in the state of North Rhine-Westphalia within the framework of a public-law training relationship (training regulations for the judicial service 1.2 in public-law training relationships - APO JFWörA NRW). Retrieved October 14, 2019 .
- ↑ Preparation service. In: Teachers Online in Baden-Württemberg. Retrieved October 14, 2019 .