Where is the right of examination regulated?

There is no single law that describes all the principles and rules of the right of examination. The right of examination is based on various sources:

• Basic law
• Higher education laws of the federal states
• Examination and study regulations
• General principles of the right of examination, which have been elaborated mainly by case-law on the basis of the Basic Law

A special feature of the right of examination is that the examiners have a leeway of assessment which can only be reviewed in court to a limited extent. In order to compensate for this gap in judicial review, a great deal of attention is paid to the review procedure for granting fundamental rights. Students have the right to a reconsideration procedure as an important counterbalance to the examiners' leeway of assessment. In the reconsideration process, examiners review their own decisions on the basis of concrete objections raised by students.

Important for students:
The right of examination provides for a pronounced obligation on the part of students to cooperate with regard to their examination procedures. In principle, students have to inform themselves independently about the examination regulations and the regulations contained therein. They have to be familiar with them and, if necessary, actively inform themselves. Students also have to follow up on possible changes to the examination regulations independently. Compliance with the regulations is not an obligation, but a so-called duty, i.e. it is of course in one's own interest to comply with the regulations in order to avoid disadvantages.