The Master in Law and the Bologna process Models from a German Perspective

Transcription

1 Prof. Dr. Jochen, LL.M. (USA) Chair for German and European Private and Business Law Universität Konstanz Judge at the Court-of-Appeals Karlsruhe The Master in Law and the Bologna process Models from a German Perspective Annual Rotterdam Law Network Meeting Universidade de Lisboa Lisbon,, April 16, 2010 Faculdade de Dereito

2 Background: The Bologna Declaration I. Joint declaration of the European Ministers of Education convened in Bologna on the 19th of June external goals a) objective of increasing the international competitiveness of the European system of higher education b) ensure world-wide degree of attraction equal to our extraordinary cultural and scientific traditions

3 Background: The Bologna Declaration I. Joint declaration of the European Ministers of Education convened in Bologna on the 19th of June external goals 2. internal goals a) promotion of employability (1) by adopting a system of easily readable and comparable degrees (2) by ensuring that the degree awarded after the first cycle shall also be relevant to the European labour market as an appropriate level of qualification

4 Background: The Bologna Declaration I. Joint declaration of the European Ministers of Education convened in Bologna on the 19th of June external goals 2. internal goals a) promotion of employability b) promotion of mobility (1) by establishing a system of credits - such as in the ECTS system (2) by overcoming obstacles to the effective exercise of free movement

5 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures in Germany: a) primacy of employability: - Loss of scientific ambition from the outset; - labor market dictating studying contents

6 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures: a) primacy of employability b) opportunity to cut expenditures on academic education by a reduction of studying duration blunt reduction to three years BA programs, despite open Bologna wording (change only in Oct. 2009) little number of MA students (30 % target)

7 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures 2. What the Universities did under this pressure: a) frantically split even settled and well-functioning integrated study programs b) regularly create three years BA programs (95 % in 2009) c) overcrowd the three years programs with a huge amount of subjects and final exams d) create administrative monsters to ensure comparability of credits (1) module descriptions (2) final exams (3) grading standards (4) accreditation bodies

8 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures 2. What the Universities did under this pressure 3. What the students did a) adapt to the new pressures (1) cram for the next finals instead of understand the subject matter (2) search for the easiest way through the system (3) reduce extra-curricular activities and all activities not directly related to credits

9 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures 2. What the Universities did under this pressure 3. What the students did a) adapt to the new pressures b) reduce inner-german mobility; more close-to-mom studies c) reduce ERASMUS studies abroad during their BA studies postponing such studies abroad to the MA phase d) distrust the idea that the BA degree provided for sufficient education for the labor market

10 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures 2. What the Universities did under this pressure 3. What the students did 4. In the end: a) Overall average duration of studies has not diminished b) International mobility of students has in fact been reduced in the first three years c) Percentage of drop-outs has not been reduced d) School-like atmosphere of BA studies (duties of presence) has lessened students secondary skills such as selfmanagement, getting organized, decision taking

11 Background: The Bologna Declaration I. and its effects in Germany 1. What the Bologna Declaration s goals turned into in the real world scenario of political pressures 2. What the Universities did under this pressure 3. What the students did 4. In the end: a) Overall duration of studies has not diminished b) International mobility of students has in fact been reduced during the first three years c) Percentage of drop-outs has not been reduced d) School-like atmosphere of BA studies has lessened secondary skills e) Did the Bologna Bachelors get through to the Labor Market at least? (1) On average 85 % of Bachelors take on MA studies because of perceived better job opportunities (2) in some practical sciences, in particular Engineering or Computer Science, three year BAs find a labor market ready to accept them (3) in Economics employers tend to find 23-year-old graduates too young or too immature to hire them for responsible positions; they react by installing in-house trainee programs or by hiring high potentials as BA while paying for their MA studies (4) in Liberal Arts and Natural Sciences the BAs are not accepted at all and typically face a 1 1 ½ years period of soft or poorly paid employment relationships: consequently most students take MA degree

12 Legal Education and the Master of Law I. Traditional State Examination system exercise of any legal profession (judge, state attorney, attorneyat-law, notary public) requires Second State Examination Second State Examination follows a two year period of combined clerkship (various courts, authorities, attorney-at-law) Clerkship ( Referendariat ) requires First Examination in Law: since 2002 combined of 70 % general legal education by the Universities, but examined by the states ( Länder ) 30 % specialized legal education in the responsibility of and examined by the Universities

13 Legal Education and the Master of Law I. Traditional State Examination system States ( Länder ) University Clerkship ( Referendariat ) Advanced courses in Law two years: Second State Examination 4th or 5th year: First State Examination; hardly any specialisation Basic courses in Law 1st or 2nd year: Interim Examination

14 Legal Education and the Master of Law I. State Examination system since 2002 States ( Länder ) University Clerkship ( Referendariat ) Advanced courses in Law Specialization in particular areas two years: Second State Examination 4th or 5th year: State Examination Examination in responsability of and administered by the Universities Basic courses in Law 1st or 2nd year: Interim Examination

15 Legal Education and the Master of Law I. State Examination system beyond scope of Bologna process but: Decision of the Conference of Ministers of Justice of to assess possibilities of implementing a BA/MA model and to report until 2011

16 Legal Education and the Master of Law I. Traditional State Examination system beyond scope of Bologna process II. nevertheless consecutive BA/MA programs have been developed 1. by the Universities of Applied Science ( Fachhochschule ): Graduates have no possibility to practice in legal professions 2. a limited number of Universities, which regularly open a door to finalize legal education by the traditional State Examination (e.g. Mannheim)

17 Legal Education and the Master of Law I. Traditional State Examination system beyond scope of Bologna process II. nevertheless consecutive BA/MA programs have been developed 1. by the Universities of Applied Science ( Fachhochschule ): Graduates have no possibility to practice in legal professions 2. a limited number of Universities, which regularly open a door to finalize legal education by the traditional State Examination III. LL.M. programs for students with a foreign legal background are well established (e.g. Konstanz LL.M. in German Law ) IV. LL.M. programs for post-graduate specialization (altogether 149 in 2009) 1. mostly Business (Corporate, IP, IT, Tax) and/or International Law 2. sometimes rather exclusive areas of law, e.g. Medicine Law, Child Law 3. sometimes part-time (executive) programs (e.g. Konstanz MAS in Legal Compliance and Business Law )

18 The Lessons: A Possible Model I. The Essential Facts In the past a four-year curriculum has proven sufficient to confer the systematic knowledge and the methodic skills required for qualified professional services in law in our Civil Law environment: In 2002 the average duration of law studies in Baden-Württemberg was 8.7 semesters. However, four years are not sufficient to encompass a qualified education in specialized areas. After the introduction of the specialized legal education the average studying duration has risen to 9.2 semesters in 2007 and is continuing to rise. Three years are not even sufficient to confer the systematic knowledge and the methodic skills required for qualified professional services in law. Yet, three years may confer the skill of communicating with lawyers. Three years BA study programs possibly create job opportunities esp. when combined with contents related to Economics, Administration or Intercultural Issues. But: Don t try to teach the labor market what it needs! As long as there is sufficient supply of Human Resources trained for four or five years ready to do a job, employers won t hire three-years bachelors. Consequently, three-years bachelors need to offer something more than just less law!

19 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model Start of Studies: open Y-structure - either only Law for State Examination or BA of Economics and Law; combination of courses possible: Onion type course structure required after three years: possible graduation e.g. BA of Econ. & Law after four years: State Examination/BA of Law (LL.B.) serious law degree, but without specialization after five years: Graduation from a specialized LL.M. course

20 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model States ( Länder ) University Clerkship ( Referendariat ) Specialization in Law two years: Second State Examination 5th year: MA of Law 3rd year: BA of Econ. & Law Additional contents Advanced courses in Law 4th year: State Examination and/or BA of Law Basic courses in Law 1st or 2nd year: Interim Examination

21 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? 1. Employability? a) Mixed Law BAs after three years: competition on labor market with pure Economics or Business Administration graduates will have to decide b) Pure Law BAs after four years: straightforward career to legal profession through Second State Examination esp. at public employers possible; labor market will show whether MA studies required c) Pure Law MAs after five years: tight labor market (for several years each year law students have graduated, while lawyers have retired) seems to honor specialization, in particular of attorneys-at-law, yet competition of full-time consecutive MA programs with executive courses for attorneys

22 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? 1. Employability (+) 2. Mobility? a) we need stronger incentive (1) to go abroad (2) to make a cultural experience (complaints of being pampered have been heard!) (3) to make use of the broad cultural heritage of Europe

23 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? 1. Employability (+) 2. Mobility? a) stronger incentive, but how? (1) by honoring the foreign studies in themselves instead of the particular courses taken (2) by particularly honoring foreign studies in their natural languages (3) by offering law & language courses for 1st and 2nd year students in other languages than English to prepare (4) by installing one semester within the third year as a European Semester ( window of mobility )

24 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model States ( Länder ) Clerkship ( Referendariat ) University Specialization in Law 5th year: MA of Law 3rd year: BA of Econ. & Law Additional contents Advanced courses in Law European Semester 4th year: State Examination and/or BA of Law Basic courses in Law 1st or 2nd year: Interim Examination

25 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model (Addendum: Similar approach by Schlüter/Dauner-Lieb (Eds.), Neue Wege in der Juristenausbildung, accessible through the website of Stifterverband für die deutsche Wissenschaft,

26 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? 1. Employability (+) 2. Mobility? a) stronger incentive, but how? (1) by honoring the foreign studies in themselves instead of the particular courses taken (2) by particularly honoring foreign studies in their natural languages (3) by offering Legal language courses for 1st and 2nd year students besides English (4) by installing one semester within the third year as a European Semester i. courses offered for third year students in» Advanced Studies of European Law» International Law» International Economic Relations» Conflict-of-Laws» Comparative Law» Lex Communis Europae» International Business Transactions

27 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? 1. Employability (+) 2. Mobility? a) stronger incentive, but how? (1) by honoring the foreign studies in themselves instead of the particular courses taken (2) by particularly honoring foreign studies in their natural languages (3) by offering Legal language courses for 1st and 2nd year students besides English (4) by installing one semester within the third year as a European Semester i. curriculum of courses offered for third year students ii. contents harmonized on a bi- or multilateral basis (e.g. within the RLN); particular ECTS only for harmonized courses

28 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? IV. Advantages: 1. An open Y-structure allows students to decide whether they wish to go legal or go business/adminstration after they got a feel for the subject matter 2. Four years of academic studies seems to be common grounds for serious law degrees in Civil Law jurisdictions (three years in Bologna declaration understood only as minimum for first cycle of studies) 3. Broad general knowledge and methodical skills should precede necessary and valuable specialization 4. Such specialization is the subject of choice for MA programs, leading into doctorate studies (Bologna third cycle ) 5. The international experience is indispensable for many areas of professional services 6. Unlike the laws of nature or natural phenomena man-made laws are not universal not yet! Consequently, the idea of gathering credits abroad is less convincing at the outset for law studies a) free spaces combined with a limited curriculum of harmonized and credited courses create incentives to study abroad

29 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? IV. Advantages: 1. An open Y-structure allows students to decide whether they wish to go legal or go business/adminstration after they got a feel for the subject matter 2. Four years of academic studies seems to be common grounds for serious law degrees in Civil Law jurisdictions (three years in Bologna declaration understood only as minimum for first cycle of studies) 3. Broad general knowledge and methodical skills should precede necessary and valuable specialization 4. Such specialization is the subject of choice for MA programs, leading into doctorate studies 5. The international experience is indispensable for many areas of professional services 6. Unlike the laws of nature or natural phenomena man-made laws are not universal not yet! Consequently, the idea of gathering credits abroad is less convincing at the outset for law studies a) free spaces combined with a limited curriculum of harmonized and credited courses create incentives to study abroad

30 The Lessons: A Possible Model I. The Essential Facts II. and the Consequences: A Feasible Model III. The Model and the Bologna Goals? IV. Advantages: 1. An open Y-structure allows students to decide whether they wish to go legal or go business/adminstration after they got a feel for the subject matter 2. Four years of academic studies seems to be common grounds for serious law degrees in Civil Law jurisdictions (three years in Bologna declaration understood only as minimum for first cycle of studies) 3. Broad general knowledge and methodical skills should precede necessary and valuable specialization 4. Such specialization is the subject of choice for MA programs, leading into doctorate studies 5. The international experience is indispensable for many areas of professional services 6. Unlike the laws of nature or natural phenomena man-made laws are not universal not yet! Consequently, the idea of gathering credits abroad is less convincing at the outset for law studies a) free spaces combined with a limited curriculum of harmonized and credited courses create incentives to study abroad b) within such free spaces Universities are relieved from the administrative burden of making elements of different systems of education fit with each other c) the sky above Europe s Universities becomes open again

31 The Lessons: A Possible Model Erasmus of Rotterdam : Sorbonne : Netherlands, Paris, England : Research and Doctorate University of Turin

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