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SIMPLE PHRASING:

When you register for an examination, you start an examination procedure. Once a procedure has been started, it can only be terminated by failing or passing. The procedure can only be ended with a pass if the first or second written examination is passed or the oral re-examination is passed. In the case of oral examinations, there are only two attempts and no oral re-examination. The procedure is independent of other legal relationships. This means that regardless of whether you are enrolled or not, on vacation, on an internship or anything else, none of this has any influence on the procedure. This means that the procedure continues even after exmatriculation. Since the oral re-examination is an inseparable part of the second written attempt, exmatriculation after a failed second written attempt without taking the oral re-examination and passing the oral re-examination leads to failure of the examination procedure. If you de-register after failing the first attempt, the procedure continues.

As an examinee, you are not entitled to a certain amount of preparation time for the oral re-examination.

The date on which the examination procedure ends is the date on which you ultimately pass or fail.

In the case of the oral re-examination, this is the day of the oral re-examination.

 

LEGAL PHRASING:

The oral re-examination is NOT an independent examination. The oral re-examination is an inseparable part of the re-examination of a failed written examination. Therefore, if a candidate claims the right to a re-examination granted to him/her by the study and examination regulations in connection with a failed written examination, then the examination procedure for this examination, once begun, is only completed with the decision on the re-examination, i.e. with the assessment of the performance of the oral re-examination, and the legal examination relationship, which begins with the admission of a candidate to the examination, is only terminated with the passing of the examination or with the final failure of the examination.

Consequently, all candidates who unsuccessfully attempt to retake a written examination are also obliged to take an oral re-examination “in connection with the date of the failed examination” (see Section 9 (1) of the Framework Regulations for the SPOs of the bachelor degree programm [1]), regardless of whether they are in a semester of leave or are still enrolled on the degree program.
 

This is because the examination rights relationship is independent of other legal relationships. Consequently, it is also independent of the existence of a membership relationship. Exmatriculation therefore has no effect on an examination procedure once it has begun, as is often wrongly assumed. Such an examination procedure, once started, must be completed regardless of the membership relationship. Candidates are also not entitled to a certain amount of preparation time in connection with the oral re-examination.

[1] Framework Regulations for the SPOs for the bachelor degree program

Kategorie: Studium - Alle Studiengänge