D 0012/82 (Marking instructions) of 24.2.1983

European Case Law Identifier:

ECLI:EP:BA:1983:D001282.19830224

Date of decision:

24 February 1983

Case number:

D 0012/82

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Board:

DBA

Headnote:

1. The general instructions for marking candidates' answers issued by the Examination Board for the European Qualifying Examination under Article 12(1) of the Regulation on the European Qualifying Examination for professional representatives and the prescribed system of marking ensure uniformity of marking as required by that Regulation.
2. The right to inspect the files does not support a claim to greater transparency in the marking process than that afforded by perusal of the marking instructions and their application in the marking of answers.
3. Like any other new system, the marking system is not perfect. The uniformity and transparency of marking could be improved, for instance, so as to convey to the unsuccessful candidate more clearly why he has failed. However, he has no right to this, especially as the examination is not intended to be an instrument of training and thus for cost reasons alone wishes of this nature can only e accommodated to a limited extent.

Relevant legal provisions:

Regulation on the European qualifying examination Art012(1)

Keywords:

Instructions to ensure uniformity of marking
Inspections of files
File content
Transparency

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d820012ep1.html

Date retrieved: 17 May 2021