The application for recognition must be addressed to the competent authority. In principle, the competent authority is the supreme service authority in whose area of responsibility the establishment of a civil service relationship is sought. In the case of municipal corporations, the highest service authority shall be replaced by the State Ministry of the Interior, for Sports and Integration, and in the case of other corporations, institutions with legal capacity and foundations under public law subject to the supervision of the state, by the supervisory authority (Art. 44 Para. 1 Performance Career Act). The competent authority may also transfer responsibility for recognition to the state personnel committee. Which supreme service authorities have made use of this and to what extent can be viewed on the homepage of the State Personnel Committee at https://www.lpa.bayern.de/lpa/qualifikation/zustaendigkeiten/.
The competent authority determines whether the qualification can be assigned to a specialist career or a specialist focus. A comparison is made between the preliminary and training requirements for a specialist career and specialist focus in the corresponding qualification level and the submitted evidence of the acquired professional qualification.
If there is a deficit
- because the previous training with regard to the professional activity relates to subjects that differ significantly from those prescribed in the Free State of Bavaria,
- or because the specialized career or the specialized focus enables the performance of a more extensive field of activity than the regulated profession in the member state of the applicant in which the qualification certificate was acquired, and the training required in the Free State of Bavaria relates to subjects that differ substantially from those covered by the qualification certificates submitted by the applicant,
a compensatory measure may be required.
If a compensatory measure is imposed, the applicant generally has the choice between an aptitude test and an adaptation course.
- The aptitude test is a state examination concerning professional knowledge, skills and competencies, which assesses the potential to perform the tasks of the targeted professional career or the targeted professional focus.
- The purpose of the adaptation course is to acquire the qualifications that are missing in the comparison between existing and required education. During the adaptation training course, tasks of the targeted specialized career or the targeted specialized focus are exercised.
In the case of entry at the third or fourth qualification level in a specialist career or in a specialist focus, the exercise of which requires a detailed knowledge of German law and for which the provision of advice or assistance in relation to German law is an essential and constant part of the exercise of the profession, there is no option with regard to the compensatory measure. In this case, an aptitude test must be successfully passed.
Upon successful completion of the recognition procedure, the qualification for a specialist career - and, if formed, for a specialist focus - is acquired.
The competent body shall confirm receipt of the application within one month and, if necessary, inform the applicant of any documents that need to be supplemented. If the documents are complete, the decision must be made within four months.