Graduate in Business Law
The term Graduate in Business Law refers to a graduate of a university program operating at the intersection of business and legal sciences and who has obtained a diploma in this field. In Germany and selected other countries, the ‘Diplomwirtschaftsjurist’ (often abbreviated as Dipl.-Wirtschaftsjurist or Diplom-Wirtschaftsjurist) is an academic degree awarded upon successful completion of a relevant course of university study. This degree is not equivalent to judicial qualification (Second State Examination), but represents an independent qualification with a focus on legal and economic subjects.
Legal Classification and Historical Development
Introduction of the Degree Program
The ‘Wirtschaftsjurist’ degree program with a diploma qualification has been established at various German universities since the 1990s to address the economic sector’s need for graduates with qualified knowledge in both disciplines—law and business. The aim was to educate employees able to competently handle legal as well as economic issues within companies, organizations, and associations.
Bologna Process and Impact on the Degree
As a result of the Bologna Process, diploma programs have increasingly been replaced by bachelor’s and master’s programs. In most federal states, the diploma as a graduation credential has been superseded by degrees such as Bachelor of Laws (LL.B.), Master of Laws (LL.M.), or comparable designations. Nevertheless, diploma programs that use the title ‘Diplomwirtschaftsjurist’ still exist, particularly at universities of applied sciences.
Structure and Content of the Program
The diploma program in ‘Wirtschaftsjurist’ is interdisciplinary and combines in-depth elements of civil law, business law, and public law with content from business administration and economics.
Legal Focus Areas
The legal subjects taught include in particular:
- Civil law (especially contract law, labor law, commercial law, and corporate law)
- Business law (such as competition and antitrust law, insolvency law)
- Public law in an economic context (e.g. environmental law, public procurement law)
- Private International and Business Law
The focus is on imparting knowledge required for work in companies, banks, insurance companies, associations, non-profit organizations, and public administration—particularly regarding legal issues in business practice.
Business Studies Focus Areas
Additionally, a sound knowledge of the following areas is provided:
- Business administration (e.g. accounting, auditing, management, marketing)
- Economics (e.g. micro- and macroeconomics, public finance)
- Business mathematics and statistics
Legal Foundations and Status of the Degree
Regulations at State and University Level
The ‘Diplomwirtschaftsjurist’ is not a nationally standardized degree. The legal basis for conferring the degree is established by the respective state higher education laws and the examination and study regulations of each university. The awarded degree is protected as an academic qualification and may only be used by graduates of the corresponding programs.
Distinction from Classic Legal Degrees
The ‘Diplomwirtschaftsjurist’ degree is not equivalent to the First State Examination in Law and does not provide judicial qualification under § 5 DRiG (German Judiciary Act). Admission to classic legal professions (such as judge, public prosecutor, or notary) is typically not associated with this degree.
Use of the Title
Graduates receive the right to use the academic title ‘Diplomwirtschaftsjurist’ (sometimes with the addition ‘(FH)’ for universities of applied sciences) under state law. The unauthorized use of the title constitutes a regulatory offense or even a criminal offense under the respective state higher education laws.
Professional Opportunities and Legal Powers
Holders of the ‘Diplomwirtschaftsjurist’ degree often work in companies, associations, banks, insurance companies, or public administration at the intersection of business and law. Their activities include, for example, contract management, compliance, human resources, management consulting, tax departments, or advisory roles for legal and business matters.
Right of Representation Before Courts
‘Diplomwirtschaftsjuristen’ are not authorized to appear before ordinary courts as litigation representatives in civil cases. The right of representation is reserved in Germany in most areas of court jurisdiction (local court, regional court, higher regional court) for designated professionals under the Legal Services Act (RDG) and the Code of Civil Procedure (ZPO). In certain exceptional cases, such as handling one’s own legal matters or with a special permit, representation is possible.
Authorization to Provide Legal Services
The Legal Services Act (RDG) regulates who is permitted to provide out-of-court legal services in Germany. Persons with a ‘Diplomwirtschaftsjurist’ degree may, in accordance with § 6 RDG, apply for registration as qualified persons with special expertise in certain fields and thus render out-of-court legal services within the scope of statutory provisions.
International Comparison
In comparable international study programs, terms such as ‘Business Law’, ‘Legal Studies with Economics’, or ‘Commercial Law’ exist, though the legal status and professional rights may vary by country. Generally, these qualifications also do not entitle holders to practice classic legal professions directly, but are designed for roles at the interface between law and business.
Types and Variants of the Degree
The ‘Diplomwirtschaftsjurist’ degree is available in various forms, which primarily differ according to the type of university:
- Diplomwirtschaftsjurist (University): Focus on academic depth and research.
- Diplomwirtschaftsjurist (FH) / Diplom-Wirtschaftsjurist (FH): Consistent practical orientation with close integration of teaching content and business applications.
Summary
Der Graduate in Business Law is an academic degree that imparts advanced legal and business skills. The degree represents an independent qualification that does not entitle graduates to practice classic legal professions, but opens up diverse professional fields in economically-oriented legal contexts. The use of the title is protected by state and university law and is subject to strict legal regulations. Due to their interdisciplinary training, holders of the ‘Diplomwirtschaftsjurist’ degree assume important functions at the interface between business and law.
Frequently Asked Questions
Which legal fields of activity are open to holders of the ‘Diplomwirtschaftsjurist’ degree?
‘Diplomwirtschaftsjuristen’ work at the interface between business and law and have specialized legal training with a focus on business. Legally, they can work primarily in contract law, labor law, corporate law, commercial law, competition law, and in the field of tax law. They advise companies on legally compliant contract drafting, the formation and restructuring of companies, labor law issues, and compliance with statutory requirements, particularly in the scope of compliance management. Unlike fully qualified lawyers (with the second state examination), they are generally not permitted to represent clients independently before courts or certain authorities (e.g., as Rechtsanwalt in accordance with the BRAO) in Germany. Nevertheless, they work in particular in advisory capacities and in internal legal departments, audit firms, or management consultancies in a legal context.
Which activities are holders of the ‘Diplomwirtschaftsjurist’ degree legally forbidden to perform?
In Germany, holders of the ‘Diplomwirtschaftsjurist’ degree are subject to mandatory professional restrictions. They are particularly not authorized to represent clients independently before courts, may not provide legal advice to third parties within the meaning of the Legal Services Act (RDG), and may not perform activities reserved exclusively for fully qualified lawyers with judicial qualification—such as being admitted as a Rechtsanwalt, notary, or judge. The only exceptions are in-house or internal company legal consulting, as this does not constitute a ‘third-party legal matter’ within the meaning of the RDG and is permitted as an ‘in-house counsel’. They are also legally prohibited from preparing formal expert opinions or representing clients in criminal or civil cases.
Is the professional practice of ‘Diplomwirtschaftsjurist’ subject to specific statutory requirements?
Yes, the professional practice is governed by the Legal Services Act (RDG), which specifies who may provide legal services and under what conditions. Holders of the ‘Diplomwirtschaftsjurist’ degree may provide legal advice solely as part of an employment relationship and may not act as independent legal service providers. In activities bordering on legal matters—for example, tax advice—further professional and conduct regulations such as the Tax Consultancy Act (StBerG) and the Professional Code of Tax Consultants (BOStB) must be observed. In addition, the general labor law and, where applicable, public law requirements (such as the duty of confidentiality under § 203 StGB) apply to persons with a ‘Diplomwirtschaftsjurist’ degree if they handle sensitive data.
Can holders of the ‘Diplomwirtschaftsjurist’ degree work as in-house counsel (Syndikusjurist) or in legal management?
Yes, holders of the ‘Diplomwirtschaftsjurist’ degree are well qualified to serve as in-house counsel or head a legal department in companies. Legally relevant is that they may not exercise the legal profession of a lawyer as in-house counsel in the sense of the Federal Lawyers’ Act (BRAO) and thus cannot be admitted as a registered in-house lawyer. Despite this, they carry out key tasks in companies such as internal legal advice, contract review and drafting, compliance, data protection, and risk management, without being authorized to act externally as representatives of the company in legal matters.
Are there legal restrictions on the title ‘Diplomwirtschaftsjurist’?
The title ‘Diplomwirtschaftsjurist’ is protected and refers to an academic degree awarded by universities, with the legal basis set out in the relevant state higher education laws. Using the title without the corresponding qualification is a criminal offense (title protection); using titles such as ‘Rechtsanwalt’, ‘Notar’, or ‘Volljurist’ in this context is inadmissible and can be misleading as well as anti-competitive (§ 5 UWG). In job descriptions or external communications, it should always be clear that this is not a lawyer’s qualification.
To what extent is a holder of the ‘Diplomwirtschaftsjurist’ degree liable for legal errors in professional practice?
Holders of the ‘Diplomwirtschaftsjurist’ degree are subject—like other employees in a company—to employment liability. For minor negligence, the company is liable; for gross negligence or intent, personal liability may arise (so-called employee liability). If advice is given internally within the company, insurance cover generally applies. If professional boundaries are overstepped, such as unauthorized legal advice, criminal and civil consequences may result, including third-party claims for damages and fines under the RDG.
Are holders of the ‘Diplomwirtschaftsjurist’ degree allowed to prepare legal opinions for external clients?
No, according to the Legal Services Act, holders of the ‘Diplomwirtschaftsjurist’ degree are generally prohibited from drafting legal opinions or other forms of legal services for third parties—that is, outside of a permanent employment relationship or as an independent practitioner. This constitutes an unauthorized legal service and is subject to severe penalties. Only internal, non-public legal opinions are permitted, provided they are not intended for third-party legal matters.
What professional legal developments are anticipated for holders of the ‘Diplomwirtschaftsjurist’ degree in the future?
In the legal field, efforts have been ongoing for years to further clarify and possibly expand the areas of activity for ‘Wirtschaftsjuristen’ through legislative changes and specific professional associations (e.g. the Federal Association of Wirtschaftsjuristen). Currently (as of 2024), there are no indications of a substantial opening of traditional legal professions to holders of the ‘Diplomwirtschaftsjurist’ degree. On the contrary, there is an increasing emphasis on clearer professional demarcation and a transparent activity profile to prevent confusion and abuse in the area of legal services.
