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How do professional judges in civil-law countries begin their careers?
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In civil-law countries, a professional judicial career is distinct from the common-law tradition, as it is typically treated as a specialized branch of the civil service.12
The process generally follows these steps:
- Career Choice: Upon graduating from law school, an individual chooses between a career as a private lawyer or a career as a judge.13
- Training and Examination: Candidates must complete a required period of practical trainingâwhich varies by countryâand pass a competitive examination. For example, in France, this involves study at the National School of the Judiciary followed by practical internships, while in Germany, it requires a two-year Referendar program and a second state examination.24
- Appointment: Successful candidates are appointed to the judiciary and begin their service at a low-level court.13
- Advancement: Judges work their way up a hierarchical ladder through a series of promotions. These assignments and advancements are typically managed by a council of senior judges or a minister of justice, rather than through lateral entry from private practice.231
This system ensures that judges are uniformly professional and competent, though it is often noted for fostering a civil-service mentality that emphasizes hierarchy over individual judicial initiative.2