Legal protection is limited when it comes to school marks, school reports, evaluations, marks and examination results – both in training relationships and in the field of higher education. The pupil, student or trainee should not be able to substitute his own assessment for that of the examiner. For this reason, there is a so-called evaluation latitude (also called evaluation latitude) on the side of the respective examiner.
The question of the appropriateness of the respective grading or evaluation is therefore usually not the subject of judicial legal protection. Therefore, in order to safeguard the legal interests of the person concerned, an objection procedure, also known as preliminary proceedings or reconsideration proceedings, regularly takes place in the run-up to the court proceedings. The bases of the evaluation are verifiable so that the evaluation is not completely detached from the legal requirements, taking into account the auditor’s scope of assessment.
The (judicially) verifiable bases of the assessment usually include the questions whether the examiner assumed false facts (error in factual respect), whether he made irrelevant considerations in the assessment or violated generally valid assessment standards.