free attempt, first-attempt waiver

Where does a free attempt exist?

It is common in the First State Law Examination, which is based on the German Judges Act, and in university examination regulations issued under state higher education acts. The requirement is almost always the same: the examination must be taken within a specified number of semesters, calculated against the standard period of study. Those who sit later lose the benefit. The purpose is to reward early sitting and to accelerate the course of study.

What applies in medical studies?

For state examinations, this route does not exist. § 20 of the Medical Licensing Regulations merely provides that each examination section may be retaken twice and that a further retake is not permitted even after re-enrolling in medicine. Every attempt therefore counts. Something different may apply to preclinical and clinical course requirements of the relevant faculty, as these are governed by the university's study and examination regulations. During the pandemic years, several states introduced time-limited free-attempt and standard-period provisions; whether and for how long these still apply differs from state to state. Anyone wishing to rely on such a provision should first obtain written confirmation that it applies to the specific examination. The precise requirements are governed by the applicable examination regulations and state law and should be checked by a lawyer if in doubt.

What does this mean for study in an EU country?

Universities in Bulgaria, Romania, Hungary, or Croatia generally work with a fixed number of examination dates per subject and academic year — sometimes with additional paid dates, sometimes with a requirement to repeat the academic year. A free attempt of the German type is the exception there. Those wishing to transfer back from abroad should also know that on transfer of study to Germany, the number of attempts already used is reviewed.

Common misunderstanding

A free attempt does not mean a consequence-free shot that disappears from the record. A pass remains a pass. Only the failure is disregarded. And it does not replace an approved withdrawal: those who sit while ill cannot subsequently rely on both at the same time.