Preparatory service

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Preparatory service in Germany refers to the career training to be completed by civil servants in preparation for their later office in accordance with the relevant career regulation. It is a term used in German civil service law . In the category of higher service he is basically clerkship called. The two-year legal traineeship is also called preparatory service ( Section 5b DRiG ), even if, with the exception of Mecklenburg-Western Pomerania , this is not completed as a civil servant , but in a public-law training relationship .

General

The preparatory service for civil servants is aimed at acquiring career qualifications . Civil servants in preparatory service are fundamentally in a civil servant relationship on revocation . Civil servants in the preparatory service have not yet been given an office in the legal sense . Therefore, they do not have an official title , but a service title . This depends on the entry office of the career of the preparatory service with the additional candidate , z. B. Candidate Government Inspector. The sometimes used term "civil servant candidate" is misleading because a civil servant relationship already exists.

Officials in the preparatory service for the higher service use the service designation Trainee lawyer ( § 11 Federal career regulation (BLV)) or partly assessor , for the higher technical service partly also "technical trainee lawyer". In the preparatory service for the higher federal criminal service the job title is "Kriminalratanwärter" ( § 5 Abs. 1 KrimLV) and in the preparatory service for the higher external service "Attache" ( § 1 Abs. 2 LAP hADV). Referendar is derived from the Latin referendarius and literally means "reporter". The job title "Trainee lawyer" is protected and may only be used with public law approval for clerkship. Misuse of the title is punishable under Section 132a of the Criminal Code. The range of punishment is imprisonment for up to one year or a fine . In the states of Baden-Württemberg , Hesse and Saxony , “trainee lawyer” is a public law title that is awarded when the first legal exam is passed or when the certificate is issued (Hesse). The use of the title is therefore not tied to a position in the preparatory service in these states (Baden-Württemberg: Section 35 (3) JAPrO; Hesse: Section 25 (3) JAG; Saxony: Section 15 (4) SächsJAPO). The legal traineeship ends with the "Second State Exam" . After successfully completing the traineeship, graduates are usually entitled to use the professional title Assessor, also with a career-specific prefix (e.g. legal assessor, study assessor, archive assessor). The passing of the second state examination is a prerequisite for the appointment of an applicant as a civil servant on probation or for employment as a civil servant on probation. The second state examination is in this respect also a career examination. Often, passing the Second State Examination is required by law for occupations outside of civil service careers with public administration bodies (e.g. lawyers, notaries , teachers ) or brings the applicant advantages on the labor market (e.g. with building assessors, archive assessors ).

In principle, preparatory services can be set up for all four career groups ( simple , middle , senior , senior ). In simple service, however, it is unusual because of the simple activities. Preparatory services are set up by regional authorities , other corporations (e.g. professional associations ), institutions (e.g. BaFin ) and foundations under public law (e.g. ZLB ) or other public administration bodies , insofar as they are capable of employing civil servants Law has been conferred.

With the federalism reform in 2006, career law became the responsibility of the federal states . Since then, career law and the regulations on preparatory services have diverged in the various countries. The federal government retained responsibility for its own officials. Preparatory services are also provided for Church officials.

Federal officials

According to Section 6, Paragraph 4, No. 1 of the Federal Civil Service Act (BBG), the civil servant relationship upon revocation is primarily used to perform a preparatory service. By completing a specialist preparatory service, the civil servants acquire a career qualification. Successful participation in a selection process is a prerequisite for employment in the preparatory service. ( Section 10a (1) FSVO)

Officials on revocation in the preparatory service can be dismissed at any time. However, they should be given the opportunity to do their preparatory service and take the exam. ( Section 37 (2) sentence 1 BBG) You are to be dismissed if you fail the examination or fail the intermediate examination. They are also dismissed after passing the examination ( Section 37, Paragraph 2, Clause 2 BBG), but as a rule, since they have now acquired their career qualification, the first appointment to the incoming office of their career is closed with a new civil service on probation on.

The preparatory service can be extended due to illness , maternity leave , parental leave , federal voluntary service or other compelling reasons. ( Section 4 (1) FSVO) It can be shortened if the achievement of the training objective is not jeopardized and it can be demonstrated that the skills, knowledge and skills required for career qualification have been acquired. ( Section 16 (1) FSVO)

If no preparatory service is completed, qualification for a career can be recognized. This requires training that meets the requirements of a subject-specific preparatory service, which is the case if the training has conveyed its essential content in the same breadth and depth and the final examination is equivalent to the relevant career test. ( Section 19 (2) FSVO)

Authorities that have not set up any preparatory services attract their next generation of civil servants by recognizing their career qualification in the form of training and full-time activities after having had appropriate previous training. Many civil servants in the higher non-technical administrative service of the federal government are qualified to hold judicial office . The federal government has not set up a preparatory service for these. You will complete the legal traineeship in the federal states. Pursuant to Section 7 (2) of the FSVO, a career qualification for the higher non-technical administrative service is also granted to those who are qualified to hold judicial office. Therefore, there is no need for a possibly complicated recognition procedure for career qualifications acquired by the federal states. Lawyers are in a better position than non-lawyers in that the latter have to prove that they have been working full-time for at least two and a half years, the content and severity of which corresponds to the higher non-technical administrative service. The legal clerkship, on the other hand, only lasts two years. In addition, the recognition of the career qualification for non-lawyers who are not completing any preparatory service must still be determined in a civil service procedure.

The career qualification is generally valid for a career regardless of which subject-specific preparatory service was completed. For example, a formal hurdle when switching between areas was removed, as it existed before the new version of the FSVO in 2009. Back then there were numerous special careers.

Legal bases

The federal government has regulated the general provisions for the preparatory services of civil servants in the Federal career regulation (FSVO). This statutory ordinance was issued (with regard to the preparatory services) in accordance with Section 26 (1) of the Federal Civil Service Act (BBG). Special regulations for the individual preparatory services are issued by the highest service authorities. The Federal Government has authorized them to do so in accordance with Section 26 (2) BBG.

The careers of the foreign service , the Bundesbank service , the police enforcement service of the federal government and the criminal police enforcement service of the federal government are so-called special careers in the federal area, which are not regulated in the FSVO. For the external service there are provisions in Section 12 of the Foreign Service Act , for the Bundesbank service in Section 31 of the Bundesbank Act and for the police enforcement service and the federal criminal police enforcement service in Section 7 of the Federal Police Officer Act and.

The two subject-specific preparatory services of the intelligence services of the Federal Intelligence Service and the Federal Office for the Protection of the Constitution have a common preparatory service regulation as a special feature .

Special regulations

A civil servant for life who is performing a subject-specific preparatory service in a promotion procedure can at the same time be appointed as a civil servant on revocation. ( § 11a Abs. 1 BBG) He then has two types of civil servant relationships ( § 6 BBG) at the same time. His rights and obligations from the office transferred for life as a civil servant are suspended during the completion of the preparatory service.

For people who have performed professional military service ( professional or temporary soldier ), qualifications corresponding to the requirements of a preparatory service can be taken into account instead of the preparatory service. ( Section 23 (8) of the FSVO) There is no legal entitlement to this as an optional provision .

Considerable times for being hired in a higher position than the incoming office or for crediting the probationary period cannot be taken into account if these have already been credited to the preparatory service. (§ § 25 , 29 BLV)

Civil servants who already belong to the office of a career and want to advance to the next higher career can achieve this, among other things, by successfully completing a subject-specific preparatory service. ( Section 35 FSVO) The promotion training can also take place outside of a subject-specific preparatory service in a course of study at a university if there is a professional interest. ( Section 39 (1) FSVO)

If civil servants in the preparatory service are assigned to a location other than their previous place of work or residence for the purpose of their training, they can be reimbursed in whole or in part as separation allowance. ( Section 83 (2) BBG)

Positions that are filled with civil servants immediately after completing their preparatory service are exempt from the obligation to advertise positions in accordance with Section 4 (2) No. 3 of the FSVO.

Established specialist preparation services

Simple service

The federal government does not have any preparatory services in the basic service career group. Proportionately, only very few federal civil servants belong to the category of simple service. Simple activities shape their job profile. Therefore no training to the extent of a preparatory service is required.

Medium Grade

A preparatory service for the middle service lasts at least one year, but usually two years. It consists of theoretical and practical training. ( § 12 BLV) Subject-specific preparatory services are u. a. in accordance with Annex 2 (to Section 10 (1)) FSVO set up in:

  • middle non-technical administrative service
    • middle service in the Federal Intelligence Service ( regulation )
    • middle federal customs service ( regulation )
    • middle tax service of the federal government ( regulation )
    • middle service in the Federal Office for the Protection of the Constitution ( ordinance )
    • middle non-technical service in the general and internal administration of the federal government ( ordinance )
    • middle non-technical administrative service in the armed forces administration ( regulation )
  • middle technical management service
    • medium fire service in the Bundeswehr ( ordinance )
    • middle technical service in the armed forces administration - specializing in defense technology ( ordinance )
    • middle service of telecommunications and electronic reconnaissance of the federal government ( ordinance )
    • upscale civil engineering administration service of the federal government ( regulation )
  • middle science service
    • Federal average weather service ( ordinance )
  • Special careers
    • middle foreign service ( regulation )
    • medium-sized banking service of the Deutsche Bundesbank ( regulation )
    • middle law enforcement service in the federal police ( regulation )

Higher service

A preparatory service for the senior service usually lasts three years and consists of specialist studies and practical professional study periods. It is carried out in a course of study that ends with a bachelor's degree or a diploma degree with the addition of “University of Applied Sciences” at the Federal University for Public Administration or an equivalent higher education institution. ( Section 13 (1) FSVO) Subject-specific preparatory services are among others. a. in accordance with Annex 2 (to Section 10 (1)) FSVO set up in:

  • upscale non-technical administrative service
    • upscale service in the Federal Intelligence Service ( ordinance )
    • superior non-technical service of the federal government in the social insurance ( regulation )
    • superior non-technical federal customs service ( ordinance )
    • federal tax service ( ordinance )
    • superior archive service of the federal government ( regulation )
    • superior service in the Federal Office for the Protection of the Constitution ( ordinance )
    • upscale federal administrative informatics service ( ordinance )
    • superior non-technical service in the general and internal administration of the federal government ( ordinance )
    • superior non-technical administrative service in the armed forces administration ( ordinance )
  • upscale technical administration service
    • upscale civil engineering administration service of the federal government
    • upscale technical service - specializing in railway engineering - ( regulation )
    • high-level technical administrative service in the waterways and shipping administration of the federal government ( ordinance )
    • superior technical service in the armed forces administration - specializing in defense technology - ( regulation )
    • superior fire service in the Bundeswehr ( ordinance )
    • upscale technical service at federal and rail accident insurance ( regulation )
    • upscale service of telecommunications and electronic intelligence of the federal government ( ordinance )
  • upscale scientific service
    • superior weather service of the federal government ( regulation )
  • Special careers
    • superior foreign service ( regulation )
    • upscale banking service of the Deutsche Bundesbank ( regulation )
    • upscale police enforcement service in the federal police ( regulation )
    • upscale federal criminal service ( ordinance )

Higher service

A preparatory service for the higher service lasts at least 18 months, but usually two years. It imparts the practical professional skills and knowledge required for a career ( § 14 FSVO) which build on the university studies . Subject-specific preparatory services are u. a. in accordance with Annex 2 (to Section 10 (1)) FSVO set up in:

  • higher non-technical administrative service
  • higher linguistic and cultural studies service
    • higher service at federal academic libraries ( ordinance )
  • higher technical administrative service
    • higher technical service in the armed forces administration - specializing in defense technology - ( regulation )
    • higher technical administrative service of the federal government, specializing in civil engineering, railway engineering, mechanical and electrical engineering, specializing in mechanical and electrical engineering of waterways, aviation engineering ( ordinance )
    • higher technical administrative service of the federal government, specializing in building construction, mechanical and electrical engineering, specializing in mechanical and electrical engineering in administration ( ordinance )
    • Higher technical service at the Federal and Railway Accident Insurance ( regulation )

Country Officials

For the civil servants of the federal states (including civil servants of the municipalities, municipal associations and other corporations, institutions and foundations subordinate to the federal state), the legislators have issued their own career regulations (with supplementary training, examination and qualification regulations) in implementation of the federal civil servant laws, which despite all federal Self-employment are essentially similar to the Federal Career Ordinance. In part, the Länder have modified the above-mentioned principle of the four career groups and the change between them. Due to the extensive correspondence between the Federal Career Ordinance and the career ordinances of the federal states, a transnational change of employer is basically possible. This is basically regulated in the Civil Service Status Act.

In the federal states, the following preparatory services for higher service exist, among others, with most trainee lawyers going through one of the first two traineeships:

Anyone who has completed at least three years of study at a university with the "First State Examination" or an equivalent academic examination can enter the legal clerkship . The job title trainee lawyer can also be supplemented with a prefix referring to the career (e.g. trainee lawyer , trainee student ).

The training of trainee teachers is the responsibility of the state administrations of the federal states , which have drawn up training regulations for this. Some of the trainees are listed as civil servants on revocation. Most of the countries, however, went over to this, on the basis of Section 14, Paragraph 1, Sentence 1 of the Civil Service Framework Act a. F. to organize the preparatory service in a public-law apprenticeship relationship of its own (possibly with lower salaries), provided that the clerkship is also a prerequisite for occupations outside the civil service relationship. This applies in particular to trainee lawyers, as the legal traineeship is a prerequisite for the profession of lawyer . Thuringia provided z. For example, on May 1, 2016, the last federal state to convert the trainee legal traineeship from a civil servant relationship to a public-law training relationship upon revocation. Since December 2018, Mecklenburg-Western Pomerania has been making its legal trainees on revocation again.

A smaller group of trainees are the technical trainees , whose traineeships prepare for the higher technical service. Depending on the desired subject, a completed scientific or engineering degree is an entrance requirement. With the exception of the federal states of Baden-Württemberg and Bavaria, the career examination is held centrally by the senior examination office for the higher technical administrative service . The largest group of technical trainees is that of construction trainees.

In addition, however, z. B. Library trainees for the scientific and public libraries , archives trainees for the state and municipal archives, veterinary trainees for the state veterinary examination offices, fire trainees for the higher fire service as well as forest trainees for the higher forest service trained. A career test is regularly required for all trainee lawyers; they are usually civil servants during the preparatory service.

soldiers

The military service times required by soldiers of the Bundeswehr to pass a sergeant, sergeant or officer examination are not mentioned as preparatory service.

Judge

If you want to become a judge, you go through the legal clerkship of a federal state.

Protestant church

Preparatory services have also been set up in the member churches of the Evangelical Church in Germany . According to § 1 of the EKD career regulation, the federal career regulation applies accordingly with a few exceptions. In the Evangelical Church of Westphalia z. B. Suitable applicants can be accepted into the church preparatory service and appointed as vicar . It usually lasts two and a half years. The training takes place in parishes and schools. The preparatory service can be carried out as part of a special vicariate e.g. B. in offices and institutions of the regional church, as a foreign vicariate or university vicariate or for other special reasons. With admission to the preparatory service, the vicar is assigned to a parish pastor as the parish priest for the entire duration of the formation. Supervision is part of the training.

See also

literature

  • Thorsten Vehslage, Stefanie Bergmann, Svenia Kähler, Matthias Zabel: Legal clerkship and career entry . Stations - opportunities - application. 2nd Edition. Verlag CH Beck , Munich 2007, ISBN 978-3-406-54854-3 .

Individual evidence

  1. ↑ cf. Annex 4 (to Section 51 (1)) FSVO
  2. ^ Homepage of the Thuringian Higher Regional Court. February 10, 2017. Retrieved May 24, 2017 .
  3. ↑ LTO: Meck-Pomm doubles the number of trainee lawyers since serving. Retrieved January 11, 2019 .
  4. ^ Ordinance on the careers of church officials of the Evangelical Church in Germany (career ordinance of the EKD - LBVO.EKD). In: kirchenrecht-ekd.de. EKD, September 3, 2010, accessed on January 9, 2019 .
  5. ^ Ordinance for acceptance into the church preparatory service. (PDF) In: kirchenrecht-westfalen.de. EKD, July 14, 2011, accessed on January 9, 2019 .