Online-Prüfungen – Rechtliche Grundlagen und Konzeptionierung

Online Examinations are examinations that are not written on paper but take place under supervision on the universities own computers. A description is given of the legal and organizational prerequisites that are required in order to carry out this procedure. Only regulations concerning oral and written examinations are to be found in examination regulations. Online procedures are not covered by these regulations. The provisions of the General Administrative Procedure Act (Verwaltungsverfahrensgesetz) relating to electronic communication do not apply either. When performing the examination, problems arise when candidates are required to enter texts. Therefore, a test run should take place before the actual examination. In view of possible manipulation, examination specific approaches are being developed. The principles of the Federal Constitutional Court's decision on voting computers can not be transferred to this issue. A simplification for the examiner can be seen where the correction of the examination is concerned. However, procedural specificities have to be taken into consideration, especially in relation to the comprehensibility of the assessment. Inspection of the examination is also easier, however, this may not lead to a restriction of rights especially where data protection and judicial control are concerned. Furthermore, it is stressed that multiple-choice examinations could be developed to a higher standard which admittedly puts higher demands on the examiner.