Concept and Significance of the Freiversuch
The term Freiversuch (free attempt) refers, under German higher education law, to a special regulation for students who attempt a state or university final examination—especially the First Examination in the framework of state exams (e.g. in law studies) or assessment performances in other subjects—for the first time before the end of a defined standard period of study. The aim of the Freiversuch is to encourage students to complete their studies within the standard study period by allowing them to attempt the exam without risk: An exam not passed as part of the Freiversuch is considered “not attempted” and is not counted as a failed attempt or as exam participation.
Legal Foundations of the Freiversuch
Statutory and Regulatory Provisions
The regulations relating to the Freiversuch are not uniformly established at the federal level, but arise from the specific examination regulations of the universities and, for state examinations, from the relevant state laws and ordinances. In the field of law, the Juristenausbildungsgesetze (e.g., § 24 JAG NRW) and examination regulations are particularly decisive.
In the examination regulations of other subjects, such as medicine under the licensing regulations, or in economic and engineering programs, comparable or differing rules for the Freiversuch may exist.
Prerequisites for the Freiversuch
A Freiversuch typically requires that the candidate sits the relevant final examination at the latest by a specified, earliest possible date. Most often, the prerequisite is the first participation in the examination during or immediately after the standard study duration as defined for the respective course. In individual cases, the possibility of a Freiversuch may lapse if certain partial achievements are not completed within a specified time limit.
Areas of Application for the Freiversuch
The Freiversuch is primarily relevant in programs concluding with a state final examination. This particularly includes:
- Law (First Examination/State Exam)
- Medicine, Pharmacy, Dentistry (State Exam)
- Teacher training programs
- Partially economics, natural sciences, or engineering sciences (depending on state law and examination regulation)
Transferability to other examination formats or training in dual study courses is generally excluded, unless the relevant examination regulation explicitly provides for it.
Legal Consequences of the Freiversuch
Failure and Repetition
A key feature of the Freiversuch is that failing the final examination in a Freiversuch attempt does not count as a failed attempt. The exam is considered not to have been attempted; thus the maximum number of regular exam attempts remains unaffected.
Withdrawal for valid recognized reasons does not count as participation in a Freiversuch. However, non-attendance without good reason may be counted as a failed attempt.
Passing and Grade Improvement
If the candidate passes the examination as part of the Freiversuch, depending on the examination regulation and state law, a so-called grade improvement attempt (“Prädikatserhaltungsversuch”) may be permitted. In this case, the candidate may take the final exam again to improve their exam result. The better of the two grades will count.
Entitlement to a grade improvement attempt is often subject to the same conditions as the initial Freiversuch.
Special Regulations and Hardship Cases
In cases of illness, pregnancy, disability, or significant, non-self-inflicted delays during the course of study, an application may be made for an extension of the Freiversuch period or for consideration as a hardship case. The decision is made by the state examining boards or the relevant university committees. Details are specified by the applicable legal provisions and detailed administrative guidelines.
Criticism and Significance in Higher Education Law
Promoting Performance-Oriented Study Progress
The Freiversuch regulation is viewed positively in that it motivates students to complete their studies within the standard period and enables them to attempt the final exam without risk. It therefore helps to shorten the duration of studies to the prescribed period.
Points of Discussion and the Principle of Equality
Nevertheless, Freiversuch regulations have also been criticized, as they do not apply equally to all students due to variations in deadlines, entry requirements, and scenarios for use. In particular, differences between federal states as well as between state and university-organized exams can give rise to questions of equal treatment. As a result, administrative courts have repeatedly engaged with individual cases regarding the scope and interpretation of the Freiversuch regulations.
Risk of Abuse and Steering of Exam Behavior
In theory, there is a risk that students might use the Freiversuch without being adequately prepared or might deliberately aim for a grade improvement attempt. In practice, however, this is limited by tight deadlines and the intensive preparation requirements. The regulations are intended to motivate students to finish their studies quickly and pursue exams in a planned manner by providing appropriate incentives.
Overview: Regulations in Selected Federal States
Example: North Rhine-Westphalia (NRW)
According to § 24 para. 2 of the Juristenausbildungsgesetz NRW (JAG NRW), a failed Freiversuch in the first law exam is considered not attempted. The possibility of grade improvement exists if all conditions are met.
Example: Bavaria
The Bavarian Juristenausbildungsordnung (JAPO) similarly provides for a Freiversuch, but regulates deviations in case of exceeding the standard period of study and grants additional deadlines for students with children or disabilities in certain cases.
Example: Baden-Württemberg
In Baden-Württemberg, under the Juristenausbildungsgesetz, a Freiversuch can be taken if the exam is sat no later than the eighth semester. Comparable regulations exist in other examination rules for medicine and teacher training.
Further Information
The specific design and application of the Freiversuch is governed individually according to the federal state, subject, and examination regulation. Up-to-date information on the provisions in effect should always be checked in the relevant examination regulations and the corresponding state legal provisions.
Summary
The Freiversuch represents a formative regulation in German higher education law, enabling students to take their final examination early without consequences for later examination attempts. The scope, prerequisites, and legal consequences of the Freiversuch are intricately regulated and help to make the transition from university to vocational training or an academic career more flexible and plannable. Due to various detailed rules and exceptions, careful examination of the relevant legal norms is essential.
Frequently Asked Questions
How do I apply for a Freiversuch and what deadlines must I observe?
The application for a Freiversuch must usually be submitted to the responsible examination authority or the examination office of the relevant university. The course-specific examination regulations and the higher education laws of the respective federal state are decisive for the application, specifying up to what point a Freiversuch can be requested. In most cases, it is required that registration for the respective exam occurs within the regular timeframe set out in the examination regulations. The application is often made as part of the regular exam registration, but a separate form may also be required. In individual cases, additional documents may need to be submitted, such as an overview of previously completed coursework. If the application deadline is missed or the formal requirements are not fulfilled, there is generally no entitlement to the Freiversuch. It is advisable to contact the examination office early and to strictly observe the deadlines.
What are the consequences of failing an exam in the Freiversuch?
Failing an exam in the Freiversuch generally means that the failed attempt register remains unaffected and the exam attempt is regarded as not having been made. This means that neither the failure nor a negative result is recorded in the examination report. Only the Freiversuch itself is noted. This gives students the opportunity to take the exam again at a later date without disadvantage. However, exceptions are made in cases of cheating, such as the use of unauthorized aids, where the Freiversuch will generally be counted as used and the examination attempt may be counted as failed. The same applies to withdrawal (without valid reason) or non-attendance. The precise procedure is determined by the respective examination regulations.
What limitations exist regarding the exams that can be taken as a Freiversuch?
Not all exams within a degree program are necessarily eligible for a Freiversuch. The requirements and limitations are detailed in the respective examination regulations and state-law provisions. In general, Freiversuche are limited to first attempts, meaning they can only be used on the initial regular sitting. Often, Freiversuche are only granted within the minimum or standard study period, and certain exam types, such as final exams or oral exams, may be excluded from the outset. Similarly, limitations on the number of Freiversuche often exist—for example, only one Freiversuch may be used per module, subject, or study section. Some universities also require that a set amount of credit points must already have been earned by a certain time before a Freiversuch is granted.
May the grade obtained in a Freiversuch be accepted or improved?
If an exam is passed as part of a Freiversuch, the examinee is generally free, according to most examination regulations, to accept the achieved grade or retake the exam for grade improvement. If the student opts for the repeat exam, the better result counts and the lower grade is typically disregarded. However, it is absolutely necessary to declare the intention to repeat or improve the grade to the examination office by the stated deadline. The relevant deadlines for this declaration and the opportunity to retake the exam are specified in the examination regulations. In some federal states or universities, repeated use of the Freiversuch or its use for grade improvement may be limited to certain subjects.
What are the legal consequences of attempted cheating during a Freiversuch exam?
Cheating during an exam undertaken as a Freiversuch has serious consequences. According to the prevailing view in case law and in the examination regulations, the exam attempt in the event of cheating is regarded as a regular attempt and not as not taken. This means the Freiversuch is used up, and the exam attempt is considered failed. Depending on the severity of the cheating, further sanctions may follow, such as exclusion from additional exams, temporary disenrollment, or even a final failure notice. Legal remedies against such decisions, such as objections or legal actions, must be filed within statutory deadlines. In individual cases, specialized legal representation may be advisable.
What legal bases apply to the Freiversuch?
The legal foundations of the Freiversuch are primarily found in the relevant state higher education acts (e.g., the Higher Education Act of North Rhine-Westphalia or the Bavarian Higher Education Act) and are specified in the examination regulations of the respective universities and departments. In many cases, the possibility of a Freiversuch is based on faculty- or university-specific rules, such as the Juristenausbildungsordnung, the licensing regulations for doctors, or specific Bachelor and Master examination regulations. Furthermore, general principles of examination law, such as the principle of equal treatment, the principle of equal opportunity, and the requirement of transparency, also apply to the handling of the Freiversuch. The precise design and applicable requirements must therefore always be checked in light of the relevant legal provisions of the respective federal state and the currently valid study and examination regulations.
