Vivre ensemble Exam common mistakes
Vivre ensemble Exam · Understand the traps and how to avoid them.
Confusing the roles of the Chamber of Deputies and the Government when answering questions about the legislative process, such as stating that the Government votes on laws or that the Chamber of Deputies implements laws.
Candidates often rely on general impressions of how a parliament works and do not clearly distinguish between the legislative power (Chamber of Deputies) and the executive power (Government).
What to do instead
Create a two-column table listing the specific powers of the Chamber of Deputies (voting laws, controlling the Government, representing citizens) and the Government (implementing laws, managing the administration, directing foreign policy). Memorize one concrete example for each power.
When asked about the Grundgesetz (Constitution), candidates state that it can be changed by a simple majority of the Bundestag, ignoring the special requirements for constitutional amendments.
Candidates generalize from ordinary law-making procedures and are unaware of the entrenched clauses (e.g., human dignity, federal structure) and the two-thirds majority requirement in both Bundestag and Bundesrat.
What to do instead
Memorize Article 79(2) and (3) of the Grundgesetz: amendments require a two-thirds majority in the Bundestag and two-thirds of the votes of the Bundesrat; the principles of human dignity, democracy, federalism, and the rule of law are unamendable. Test yourself with scenarios asking whether a proposed change is possible.
On questions about the European Union, candidates claim that EU citizens can vote in all national elections of their host country, or that the EU has a single army and common tax policy.
Candidates conflate municipal and European elections with national elections, and overgeneralize from integrationist rhetoric without knowing the specific treaty provisions.
What to do instead
Learn the precise voting rights: EU citizens may vote in European Parliament elections and municipal elections in their country of residence, but not in national parliamentary elections. Make a list of policy areas that remain intergovernmental (e.g., defense, direct taxation) and those that are supranational.
When answering questions about fundamental rights, candidates list rights without linking them to the correct constitutional or international source, e.g., stating that freedom of expression is absolute under the Grundgesetz.
Candidates memorize rights in isolation and do not study the limitation clauses (e.g., general laws, protection of youth, personal honor) or the distinction between the Grundgesetz and the European Convention on Human Rights.
What to do instead
For each fundamental right, write down its article in the Grundgesetz and one example of a permissible limitation. Emphasize that no right is absolute; even human dignity (Article 1) is not subject to limitation but must be balanced with other rights in specific cases.
Confusing the competences of the federal government, the Länder, and the municipalities, such as stating that the municipality is responsible for issuing residence permits or that the federal government runs schools.
Candidates lack a clear mental model of the federal division of powers and often attribute all public services to the most visible level of government.
What to do instead
Draw a three-level diagram (Federation, Länder, municipalities) and assign typical responsibilities: Federation – foreign policy, defense, immigration; Länder – education, police, culture; municipalities – local planning, waste collection, local public transport. Use the principle of subsidiarity and Article 28(2) GG to explain municipal self-government.
On history questions, candidates place the founding of the European Communities in the wrong decade or attribute the Schuman Declaration to the wrong year, e.g., saying the EEC was created in 1957 by the Treaty of Rome but confusing it with the ECSC.
Candidates memorize isolated dates without a chronological framework and mix up the three communities (ECSC, EEC, Euratom).
What to do instead
Build a timeline with key milestones: 1951 ECSC Treaty (Paris), 1957 Treaties of Rome (EEC and Euratom), 1993 Maastricht Treaty (EU), 2009 Lisbon Treaty. For each, note one core innovation (e.g., ECSC – coal and steel pool; EEC – common market).
When asked about the rule of law (Rechtsstaat), candidates define it only as 'laws exist' and fail to mention core elements such as the separation of powers, legal certainty, proportionality, and independent courts.
The concept is abstract and candidates reduce it to a tautology, missing its substantive requirements.
What to do instead
Memorize the five core elements of the Rechtsstaat: (1) separation of powers, (2) legality of administration, (3) legal certainty and non-retroactivity, (4) proportionality, (5) independent judiciary with judicial review. Practice explaining each with a one-sentence example.
In questions about the European Parliament, candidates state that it alone elects the European Commission President or that it has the same powers as national parliaments, ignoring the role of the European Council and the Commission's right of initiative.
Candidates transfer their knowledge of national parliamentary systems to the EU without accounting for its sui generis nature.
What to do instead
Create a comparison table: European Parliament – co-legislator with Council, approves Commission President (taking into account European Council proposal), can censure Commission; European Council – sets political direction; Commission – monopoly on legislative initiative. Highlight the ordinary legislative procedure (codecision).
When answering questions about fundamental rights, candidates confuse the role of the Federal Constitutional Court with that of ordinary courts, saying that the Constitutional Court hears criminal appeals or that citizens can directly file a constitutional complaint against any court decision without exhausting other remedies.
Candidates are unfamiliar with the procedural requirements of the Verfassungsbeschwerde (constitutional complaint) and the Court's specific jurisdiction.
What to do instead
Learn the admissibility requirements for a constitutional complaint: exhaustion of ordinary remedies, direct and personal affectedness, and the one-month deadline. Distinguish the Constitutional Court's jurisdiction (constitutional review, disputes between organs, federal-state disputes) from that of ordinary courts (civil, criminal, administrative).
On integration questions, candidates claim that the EU Charter of Fundamental Rights applies to all situations in member states, including purely national matters, or that the EU can legislate on any fundamental rights issue.
Candidates overestimate the scope of the Charter and do not know Article 51(1) of the Charter, which limits its application to the implementation of EU law.
What to do instead
Memorize Article 51(1) of the Charter: it applies to EU institutions and to member states only when they are implementing Union law. Practice with scenarios: a purely national law on shop opening hours is outside the Charter, while a national law implementing an EU directive on data protection is within its scope.