GERMANY_Graduate_TF2 (complete)

Questionnaire TASK FORCE Regarding Graduate Programmes Germany Prof Dr Fabian Wittreck, University of Muenster Research Assistant Noemi C Géronne, University of Muenster Preface: As Germany has not introduced the Bologna scheme into her legal education, the distinction of undergraduate/graduate programs does not make sense, so the questionnaires of Task Forces and are mainly identical As far as single German universities offer Bachelor or Master programs of their own, this is mentioned in an addendum Section I – State of Regulation 1.1 Legislation and institutions entitled to issue graduate degrees in law Please provide the name of the legislation and/or regulatory body(s), and a brief description of the authority over graduate law degree programmes contained in the legislation or held by the regulatory authority German law degrees are regulated in a four-storied structure The main body of regulation is a Federal statutory law (a) which is partly of coercive, partly of a mere directive nature Therefore, it is spelled out by 16 state laws on lawyers’ education (“Juristenausbildungsgesetze”) of the Laender (b); again, these are partly acts of parliamentary legislation, partly ordinances (or both) Federal and state laws leave room for university statutes covering the minutes of the curriculum and the terms of examination (c) Legal examinations in particular are guided by a body of judge-made law derived from the Constitution itself (d) a) Federal level Original Name & Ref.: Deutsches Richtergesetz (DRiG) v 19.4.1972 (BGBl I p 713)1 Translation into English: Federal statute on the status of judges Web link to the Law: http://www.gesetze-im-internet.de/drig/index.html Institution with regulatory powers: Chambers of Federal Parliament (Bundestag and Stands for “Bundesgesetzblatt” or Federal Law Gazette, Section I (covering domestic laws) Bundesrat) Brief description: § section I DRiG regulates the capability to act as a judge (“Befaehigung zum Richteramt”) which is the prerequisite to work as a lawyer in Germany (see § 122 section I DRiG for public prosecutors, § BNotO [Bundesnotarordnung or Federal statute on public notaries] for public notaries, § BRAO [Bundesrechtsanwaltsordnung or Federal statute on attorneys-at-law] for attorneys, and § 5a section III BLV [Bundeslaufbahnverordnung or Federal ordinance on the career of civil servants] for the higher ranks of the civil service; exceptions are provided for EU citizens) § DRiG demands a study of law at an university (to be completed by the “First examination” comprising a state and an university part) and the fulfilment of an internship (to be completed by the “Second state examination”) § 5a DRiG provides for a study of four years (section I), and regulates basic questions of the curriculum (sections II and III); details are left for the states (section IV) § 5b DRiG arranges the internship: its length of two years (section I), its obligatory stages (court, prosecution, public agency and attorney-at-law) and their duration (sections II-V); again, details are left to the Laender (section VI) § 5d DRiG covers the basic rules for examination, providing for uniform grades (section I clause 3: ordinance of the Federal minister of justice), minimum requirements of the university examinations (section II), further details and the possibility of a second attempt (section V) In short, the DRiG stipulates the German model of the “Einheitsjurist” (uniform lawyer) who is trained as a judge but deemed fit for any legal career b) State level (example: Nordrhein-Westfalen or Northrine-Westphalia) Original Name & Ref.: Gesetz ueber die juristischen Pruefungen und den juristischen Vorbereitungsdienst (Juristenausbildungsgesetz Nordrhein-Westfalen – JAG NRW) of 11.3.2003 (GV NRW p 135)2 Translation into English: State statute on law examinations and the legal internship (statute on legal education) Web link to the Law: https://recht.nrw.de/lmi/owa/br_bes_text? anw_nr=2&gld_nr=3&ugl_nr=315&bes_id=5167&aufgehoben=N&menu=1&sg=0 Institution with regulatory powers: Landtag or state parliament Brief description: Contains 68 paragraphs covering state and university examinations as well as the internship in detail Most relevant are the rules on the purpose of the examinations (§ JAG NRW), the attainments to be rendered during the study (§ JAG NRW), the distribution of written and oral tests (§ 10 JAG NRW), and the detailed subject-matter of the state examinations (§§ 11 and 52 JAG NRW) Important for law students (and reasons to change the state during legal education) are the minutes of the rules on the free trial (“Freischuss” or lit “free strike” meaning an early attempt to take the examinations after four years of study; if it fails, it does not count: § 25 JAG NRW), and the possibility to reiterate the exams (§§ 26, 58, 59 JAG NRW) Finally, § 28 JAG NRW comprises directives for the universities, calling for university statutes on intermediate examinations (“Zwischenpruefung”, obligatory according to § JAG NRW) and the university examinations being part of the First examination (“Schwerpunktbereichspruefung” or Matter of choice examination) Furthermore, the university examination has to be composed of at least one invigilated and one homebound examination (§ 28 section III cl JAG NRW) Stands for: “Gesetz- und Verordnungssammlung NRW” or Collection of laws and ordinances of Northrine-Westphalia c) University level (example: University of Muenster law school) aa) Original Name & Ref.: Pruefungsordnung fuer den Studiengang der RRechtswissenschaftlichen an der Fakultaet der Westfaelischen Wilhelms-Universitaet Muenster of 7.5.2004 (as amended of 262.74.200811), Universitaet Muenster, Amtliche Mitteilungen 2011, Nr 1908 Translation into English: Examination regulations of the law faculty of the University of Muenster Web link to the Law: http://www.jura.uni-muenster.de/go/studieren/rechtsgrundlagen.html Institution with regulatory powers: Fachbereichsrat (faculty council), to be approved by the Senat (university council) and the Ministries of science and justice (last point varies according to state law) Brief description: Contains 332 Paragraphs The universities (to be more precise: the law faculties) are relatively free to develop the curriculum of the Matter of choice examinations; here, the “focal points” of the law faculties differ widely, according to the research interests of the faculty members (anyhow, focal points like International and European law, Tax law, State and Administration, Criminal Law or the form of contract are to be encountered in most universities) More restricted is the examination procedure (e.g.: other states allow oral examinations as part of the First examination), which is the prime subject matter of the examination regulations Even more restricted are the procedures (as well as the curriculum) of the intermediate examinations bb) Original Name & Ref.: Studienordnung fuer den Studiengang „Rechtswissenschaft“ an der Westfaelischen Wilhelms-Universitaet Muenster of 7.5.2004 (as amended of 226.74.201108), Universitaet Muenster, Amtliche Mitteilungen 2011, Nr 1908 Translation into English: Study regulations of the law faculty of the University of Muenster Web link to the Law: http://www.jura.uni-muenster.de/go/studieren/rechtsgrundlagen.html Institution with regulatory powers: Fachbereichsrat (faculty council), to be approved by the Senat (university council) and the Ministries of science and justice (last point varies according to state law) Brief description: In contrast to the examination regulations, the study regulations (26 paragraphs) attend the curriculum of the intermediate and Matter of choice examinations (both regulations could – and should – be reworked to form a single body of law) The intermediate examination is to be completed after two years of study; it is prerequisite to begin with the Matter of choice examination (one year of study; the fourth year is reserved for examination preparation) The intermediate examination comprises a given number of written examinations in core fields of the law (Civil, Criminal and Public Law as well as basic sciences like Legal Philosophy) and two assignments The Matter of choice examination offers eight “focal points”; the students are asked to write up to seven written tests and a further assignment being part of a research seminary) There are no oral examinations cc) There are more regulations of the university/faculty giving additional details to the mentioned bodies of rules (http://www.jura.uni-muenster.de/go/studieren/rechtsgrundlagen html) This spans degree course schemes for the intermediate examinations and the “focal points” as well as a special examination statute for the mandatory legal foreign language training (which will be covered sub “curriculum”) d) Constitutional level Original Name & Ref.: Grundgesetz fuer die Bundesrepublik Deutschland (GG) of 23.5.1949 (BGBl I p 1) Translation into English: Basic Law of the Federal Republic of Germany Web link to the Law: http://www.gesetze-im-internet.de/gg/index.html Institution with regulatory powers: Chambers of Federal Parliament (Bundestag and Bundesrat) Brief description: Finally, one has to take into consideration the influence of the Federal and State Constitutions permeating all aforementioned levels Important is the competence of the federal level to regulate the status of judges and other lawyers (Art 74 section I Nrs and 27, Art 98 sections I and III GG – otherwise, the regulation of universities pertains to the Laender nearly completely, see Art 74 section I Nr 33 GG) Also relevant is the German reading of Art 12 GG (freedom to choose an occupation): As it covers the access to an occupation, the complete law of examinations is directly derived from the Constitution by the Administrative courts So, there is a voluminous body of judge-made law on legal examinations which is without footing in the aforementioned statutes Addendum: Master programs (example: University of Muenster law school) Original Name & Ref.: Pruefungsordnung fuer den Masterstudiengang Deutsches Recht mit dem Abschluss „Master of Laws“ (LL.M.) of 8.5.2009 (Universitaet Muenster, Amtliche Bekanntmachungen 2009, p 1375)3 Translation into English: Study regulations of the law faculty of the University of Muenster for the Master program ‘German Law’ to law students who have graduated abroad Web link to the Law: http://www.jura.uni-muenster.de/go/studieren/rechtsgrundlagen.html Institution with regulatory powers: Fachbereichsrat (faculty council), to be approved by the Senate (university council) and the Ministry of science (last point varies according to state law) Brief description: The University of Muenster offers – as most German law schools – a Master degree in German law for graduates of foreign universities (formerly called Magister – this is one point where the Bologna process had any relevance for German law faculties) This one-year course mainly functions as a step-stone for foreign graduates who want to complete a dissertation thesis afterwards Further information: http://www.jura.unimuenster.de/go/studieren/studienmoeglichkeiten/master-deutsches-recht/english-version.html 1.2 What degree of autonomy is entrusted to each academic institution to determine the scope of graduate degrees in law • Is the curriculum for all graduate law degrees in your jurisdiction is determined by a central authority (such as the national department for education)? or • Are academic institutions or law faculties themselves are able to determine the specific courses offered in graduate law degree programmes? University of Muenster, Official Bulletin As explicated above, the curriculum is the result of top-down decisions of the federal parliament (DRiG), the state parliaments (JAG) and the universities/faculties In general, the curriculum of the state examinations is determined mainly by the central authority, while the universities are comparatively free to sculpt the curriculum of the Matter of choice or university examination One has to add that due to the great variety in focal points (as well as in grading), most employers (including the state) simply ignore the results of the university examinations 1.3 Legal constraints/barriers to reform and changes in graduate law degree programmes Which are, if any, the formal legal constraints/barriers to reform or change graduate law degree programmes in your Country? (If you know of any, we also welcome any information about any informal/non-legal constraints/barriers to reform or change to graduate law degree programmes.) The formal constraint clearly is the Richtergesetz or Judges’ Law: As long as the Federal level clings to the “Einheitsjurist”, the states are blocked from implementing the Bologna process (or any other reform like the project of offering different internships after the First examination) If one asks after informal barriers, one has to mention the cultural acceptance of the notion of the “Einheitsjurist” as well as the strong opposition of the law faculties to the implementation of the Bologna process (which is bolstered by the prevailing appreciation that most other faculties have suffered heavily by succumbing to “Bologna”) Section II: Disciplinary Contents 2.1 How many types of graduate law degrees are offered in your Country? Please indicate the different types of graduate law degrees available (i.e., LLM, MA, others?) As Germany has not introduced the Bologna scheme into the legal education, the distinction of undergraduate/graduate programs is not applicable In order to gain the capability of acting as a judge (“Befaehigung zum Richteramt”) students must complete legal studies with the First Examination and the judicial service training (“Rechtsreferendariat”), § DRiG The study at a German university completed with the First Examination is not divided into Bachelor and Master studies There is no specific graduate study available in Germany that is required for working as a judge or a lawyer However, most universities offer a Master in German Law (“Deutsches Recht”) which is a graduate degree for foreign lawyers Other “Master” programs offered at German universities – partly leading to a M.A., partly completed by a LL.M – are not to be regarded as graduate degrees for legal studies in Germany Those programs must rather be classified as vocational training at university level, e.g LL.M or EMBA in Mergers & Acquisitions, Real Estate Law, Tax Law („Steuerwissenschaften“), Law of Insurance („Versicherungsrecht“), Private Wealth Management or Health Care Law offered at the University of Muenster As such vocational training the programs are not subject to this task force about graduate studies (see TF 4) 2.2 For each type of graduate law degree, please indicate the scope for learning in purely legal subjects First Examination (example: North Rhine Westphalia; University of Muenster Law School) The First Examination consisting of a state examination and a university examination (Matter of Choice examination) is aimed at the assessment of the student’s achievements with regard to the objective of legal studies and his qualification for the postgraduate judicial service training (“Rechtsreferendariat”), § JAG NRW Accordingly the state examination shall demonstrate the capability of a student to understand and apply the law and shall assess the existence of the required knowledge in the examination subjects taking into account the relevant European, economic and political influences Furthermore the examination shall provide for assessment and evidence of the necessary legal research methods as well as the underlying philosophical, historic and societal principles of law Beyond that the university Matter of Choice Examination shall provide for evidence of the student’s academic research skills Corresponding definitions of the objectives of legal studies are provided for in the particular study regulations (“Studienordnung”, e.g.: § section I study regulations of the law faculty of the University of Muenster) The examination regulations (“Pruefungsordnung”) define the objective of the intermediate examination and the Matter of Choice examination (e.g.: §§ 15 and 23 examination regulations of the law faculty of the University of Muenster) As has to be pointed out, this generally calls for the students to solve intricate cases on their own, not just to reproduce abstract knowledge Examinations of the last type may be encountered in the first year of study (e.g a case to be solved may be combined with questions just assessing abstract knowledge), the “Grundlagenfaecher” like History or Philosophy of Law (see below sub 2.3), or some of the Matter of Choice examinations In the state part of the First Examination, “Themenklausuren” (written tests reproducing abstract knowledge) are the absolute exception Subject to the state part of the First Examination are primarily the required subjects as listed in § 11 JAG NRW Other subjects can only be part of the examination for the purpose of assessing the general understanding and powers of comprehension as well as the legal methods of the student The required subjects cover the core fields of Civil Law, Public Law and Criminal Law (cf § a section II DRiG) The student is required to study the general part of the BGB (German Civil Code), the Law of Obligations (including among other topics Contract Law, Tort Law, Law of Unjust Enrichment), Property Law, Family Law, Inheritance Law, International Private Law, Commercial and Corporate Law, the Law of Civil Procedure, Employment Law, Criminal Law (general part of the StGB [German Criminal Code] as well as numerous chapters of the special part), Criminal Procedural Law, Constitutional Law, the Law of Constitutional Procedure, European Law, Administrative Law and the Law of Administrative Procedure With regard to several of these subjects (e.g Commercial and Corporate Law, Employment Law, European Law) detailed knowledge of the respective case law and legal literature is not required The examination in these particular subjects is rather aimed at assessing the understanding of the structure of the relevant law Corresponding to the provisions of the JAG NRW the university examination regulations determine the required subjects which have to be successfully completed as part of the intermediate examination (cf §§ 17 and 18 examination regulations of University of Muenster law school) The content of legal studies is also dealt with in the study regulations (§§ 16 to 22 study regulations of the University of Muenster law school) Addendum: Master programs (example: University of Muenster Law School) The objective of study of the Master program in German Law (“Deutsches Recht”) offered at the University of Muenster law school is to enhance the students’ academic skills as well as their knowledge, the ability and the methods in the area of German law with regard to the demands in professional life Students shall gain the ability to criticize and give their opinion to complex academic issues and to apply their solutions in practice (cf § examination regulations of the Master program in German Law, degree “Master of Laws”, LL.M.) The successful completion of this degree does not qualify for admission to the postgraduate judicial service training (“Rechtsreferendariat”) which is a precondition to gain the capability to act as a judge, and thus to work as lawyer in Germany The Master program in German law consists of the successful completion of the following modules: Introduction to German Law Advanced module I (students are required to complete one course out the following required electives: Civil Law I, Criminal Law I, Public Law I) Advanced module II (students are required to complete one course out the following required electives, the area of law depending of their choice in advanced module I: Civil Law II, Criminal Law II, Public Law II) One module out of the following specializations: • Business Law • Labor Law and Social Law • Information, Telecommunication and Media Law • International Law/ European Law/ European Private Law - • Legal Practice and Dispute Resolution • Constitutional Law and Administrational Law • Criminal Law and Criminology • Tax Law Final Module consisting of the Master thesis and an oral examination 2.3 For each type of graduate law degree, please indicate the scope for learning in interdisciplinary and non-legal subjects So for each type of graduate law degree please state: (a) Whether learning involves disciplines that are outside the scope of purely legal subjects? The First Examination consists of the required subjects as listed in § 11 JAG NRW taking into account the particular philosophical, historical and social fundamentals The intermediate examination (years and of study) requires the students to successfully complete two courses about the basic principles of law, one of them dealing with the historical basics of law, the other dealing with the philosophical-social basics of law The university Matter of choice examination requires the completion of one course about the philosophical, historical or social fundamentals of law (cf § 17 study regulations of the law faculty of the University of Muenster) The subjects offered in this regard generally combine another discipline with law and are thus inter-disciplinary in terms of the definition The completion of those kind of courses is mandatory However, the universities offer a number of different subjects As a result the students can choose the exact course that is completed as long as the requirements stated in the regulations are met The courses offered at the University of Muenster law school include: • Accounting • Financial Principles of Tax Law • Sociology of Law (separate courses for beginners and advanced students) • Philosophy of Law (separate courses for beginners and advanced students) • Criminology • History of Criminal Law • Legal History • Legal Theory • Law of Obligations in Roman law (b) If yes, please indicate what other disciplines are taught For example, courses in (please tick the appropriate box, specifying if mandatory or not): Political Sciences Economics Anthropology Foreign languages Medicine Research methods Psychology History Philosophy and ethics Mandatory O O O X O O O O O Non-mandatory O X O O X X X X X Communications Environmental policy Statistics O O O O O O Explanation: The completion of two courses about the basic principles of law is obligatory for the intermediate examination (years and of study) One course must deal with the historical basics of law, the other must deal with the philosophical-social basics of law The university Matter of choice examination requires the completion of one course about the philosophical, historical or social fundamentals of law However, the universities offer a number of different subjects Students can choose the exact course that is completed as long as the requirements stated in the regulations are met (c) Please indicate whether the percentage* of inter-disciplinary credits that students are allowed to take is limited, and if so what that credit limit is (by inter-disciplinary, we mean courses that combine another discipline with law, such as Law and Economics) According to § 17 section II lit a of the Examination regulations of the law faculty of the University of Muenster the intermediate examinations include among German law courses the successful completion of at least two courses about the fundamentals and principles of law, each worth three credits As a result, students are allowed to take more courses about the principles of law, a formal credit limit does not exist (but students are not allowed to compensate shortcomings in other courses with credit from the “Grundlagenfaecher”, either) § 26 section I lit a of the study regulations of the law faculty of the University of Muenster determines that the Matter of Choice Examination also includes the successful completion of a course about the principles of law worth three credits A credit limit is not set (d) Please indicate whether the percentage* of non-legal credits that students are allowed to take is limited, and if so what that credit limit is (by non-legal we mean courses that not specifically include law, such as an Economics course in Game Theory) Non-legal subjects are offered to be completed as a course about the fundamentals and principles of law as required by § 17 section II examination regulations and § 26 section I study regulations of the law faculty of the University of Muenster Thus, concerning a credit limit the same applies as for the inter-disciplinary courses (e) Please indicate if any practical experience in the legal/judicial field is mandatory for students taking graduate law degrees in your jurisdiction (by practical experience in the legal/judicial field we mean, for instance, internships, moot courts, student law review work) First Examination: According to § JAG NRW students are required to gain practical experience of three months in total Generally this requirement is fulfilled by way of two internships to be completed during the semester break § section III JAG NRW determines that the internship shall generally consist of a placement with a lawyer or a company and a placement with an administrative body, each amounting to at least six weeks However, the internship can also be completed at a supranational institution or a foreign administrative agency or a foreign lawyer Addendum: Master programs (example: University of Muenster Law School) The Master program does not require the completion of an obligatory internship (f) Please indicate if any practical experience in the legal/judicial field is optional (i.e., offered but not mandatory) for students taking graduate law degrees in your jurisdiction The relevant regulations (§ JAG NRW) only deal with the minimum duration of a practical experience (three months) and the area of law and the vocational field it has to be completed in These rules are concerned with a mandatory internship as required for the admission to the state part of the First Examination There are no restrictions set up with regard to optional internships In contrast students are encouraged to gain as much practical experience as possible Several universities in Germany give students the opportunity to participate in a moot court competition such as the „Willem C Vis International Commercial Arbitration Moot Court“, the “Philip C Jessup International Law Moot Court Competition” (in the area of Public International Law), the “BFH-Moot Court” (in the area of Tax Law), the “European Law Moot Court”, the “The International Roman Law Moot Court Competition” and the “Frankfurt Investment Arbitration Moot Court” Pursuant to § 25 section II No JAG NRW a participation in such a competition is not considered as a formal semester of study regarding the “free trial” under the JAG NRW which is only awarded on early application for admission (g) Please indicate if a dissertation is mandatory The university Matter of Choice Examination contains the completion of an assignment (typically comprising 25-35 pages) which will be part of a seminary and is presented in class The grade awarded for the assignment is a significant part of the final grade concerning the Matter of Choice Examination (cf §§ 27 and 28 examination regulations of the law faculty of the University of Muenster, § 28 section III JAG NRW) Apart from this assignment students are generally examined by way of written examinations for the Matter of Choice Examination and by way of written and oral examinations for the state part of the First Examination Addendum: Master programs (example: University of Muenster Law School) The Master program includes the submission of a Master thesis (§ section II, § 13 examination regulations) If percentages vary from university to university, it is up to each national reporter to decide how to address this issue: for instance, either by providing a short sample of universities or by providing a general comment on the extent to which these types of courses are offered at universities in your jurisdiction 10 Section III: Innovative experiences (This information is not required by the first data reporting deadline of 15 April 2010, but any national contributors who would like to provide any of this information at this time should feel free to so) There may be a large degree of overlap between the information in Part and this Part if there is a large degree of inter-disciplinary and non-legal study in graduate law degrees in your jurisdiction (especially in answering question 3.2 below) If so, please feel free to direct us to the information you provided in Part in answering the following questions As Germany has not introduced the Bologna scheme into the legal education, the distinction of undergraduate/graduate programs is not applicable Therefore there is hardly any difference between Task Force and Task Force with regard to this section 3.1 Please indicate whether any innovative teaching methods are used in graduate law degree programmes in your jurisdiction (For instance, in graduate law degree programmes in your jurisdiction, are judges involved in teaching, are students taught using hands-on practice in legal and judicial decision-making, or using recordings of actual legal proceedings?) Example: North Rhine-Westphalia, University of Muenster Law School The learning methods in legal studies preparing students for the First Examination include the following innovative methods: • multimedia in class e.g.: the use of overhead projectors, PowerPoint presentations, the provision of material and information via the Homepage of the law faculty of the University of Muenster (http://www.jura.uni-muenster.de/go/studieren/vorlesungskommentar.html) as well as the access to lecture notes and material in preparation for the First Examination (http://www.unirep-online.de/); • participation in moot court competitions (see TF section II answer to question 2.3 f): Several universities in Germany give students the opportunity to participate in a moot court competition such as the „Willem C Vis International Commercial Arbitration Moot Court“, the “Philip C Jessup International Law Moot Court Competition” (in the area of Public International Law), the “BFH-Moot Court” (in the area of Tax Law), the “European Law Moot Court”, the “The International Roman Law Moot Court Competition” and the “Frankfurt Investment Arbitration Moot Court” • The apparent problems of students to cope with the special German style of presenting cases (“Gutachtenstil”) have prompted the institution of “Schreibwerkstätten” or “Klausurwerkstätten” (lit writing workshop or exercise workshops) at several universities (e.g Muenster) Here senior assistants give individual advise to students • guest lectures by practitioners (e.g.: lawyers working in a law firm dealing with corporate law); the revision course offered by the University of Muenster in preparation for the First Examination (UNIREP) is to some extent held by practitioners (judges, prosecutors, lawyers) • lectures held by practitioners as part of the Matter of Choice Examination: e.g.: The focal point Legal Practice and Dispute Resolution (“Rechtsgestaltung und Streitbeilegung”) includes coureses about the Professional law of lawyers (“Berufsrecht des Anwalts”), Negotiation strategies and forensic policy (“Verhandlungsstrategien und forensische Taktik”) and the Formation of law (“Rechtsgestaltung”) that are held by practitioners 11 • • • JuraForum: An annual symposium, organized by students, which gives law students the opportunity to deal with socially meaningful matters of law in an interdisciplinary way and to enter into dialogue with practitioners and scientists of that specific subject area Master Program in German Law (“Deutsches Recht”) offered at most universities as a graduate degree for foreign lawyers; Other “Master” programs offered at German universities – partly leading to a M.A., partly completed by a LL.M – which must be classified as vocational training at university level, e.g LL.M or EMBA in Mergers & Acquisitions, Real Estate Law, Tax Law („Steuerwissenschaften“), Law of Insurance („Versicherungsrecht“), Private Wealth Management, Health Care Law (“Medizinrecht”) and Business Law and Restructuring (“Wirtschaftsrecht und Restrukturierung”) offered at the University of Muenster Furthermore several universities in Germany offer law clinics, e.g.: ã Refugee Law Clinic at the University of Gieòen (http://www.recht.unigiessen.de/wps/fb01/home/RLC/); • Humboldt Law Clinic with a focus on human rights and anti-discrimination law at the Law and Society Institute Berlin – LSI Berlin (“Institut fuer interdisziplinaere Rechtsforschung an der Berliner Humboldt-Universitaet”); http://www.lsiberlin.org/humboldt-law-clinic); • Legal Clinic at the University of Hannover (http://www.jura.unihannover.de/legalclinic.html?&L=1) Recordings or other material of actual legal proceedings are hardly used in preparation for the First Examination Despite the increased use of those innovative learning methods (such as the legal clinics) one has to bear in mind that the actual practical training under supervision of judges and lawyers and the active participation in legal proceedings is part of the postgraduate judicial service training (“Rechtsreferendariat”) dealt with in Task Force However, during legal studies leading to the First Examination students undergo some practical training in the obligatory or any voluntary internship (see TF section II question 2.3 e and f) 3.2 Please indicate whether any innovative teaching contents are used in graduate law degree programmes in your jurisdiction Example: North Rhine-Westphalia, University of Muenster Law School The scope regarding the learning contents is set out in § 11 JAG NRW (see TF section II answer to question 2.1) However, there is still room left to the universities, in particular with regard to the university Matter of Choice examination Innovative learning contents are, for instance, submitted by lectures about the Current Problems in International Law and about High court decisions in Criminal Law and the Law of Criminal Procedures (“Besprechung neuer hoechstrichterlicher Entscheidungen zum Strafund Strafprozessrecht") that are offered as voluntary courses Another example for an event dealing with current issues of law and society is the annual JuraForum organized by students of the University of Muenster law school 12 Furthermore subjects of an interdisciplinary nature can be regarded as innovative learning contents (see TF section II answer to question 2.3) The First Examination consists of the required subjects as listed in § 11 JAG NRW taking into account the particular philosophical, historical and social fundamentals The intermediate examination (years and of study) requires the students to successfully complete two courses about the basic principles of law, one of them dealing with the historical basics of law, the other dealing with the philosophicalsocial basics of law The university Matter of choice examination requires the completion of one course about the philosophical, historical or social fundamentals of law Beyond that students are encouraged to complete further courses about the fundamentals of law as additional voluntary courses (cf § 17 study regulations of the law faculty of the University of Muenster) The courses offered at the University of Muenster law school include Accounting, Financial Principles of Tax Law, Sociology of Law (separate courses for beginners and advanced students), Philosophy of Law (separate courses for beginners and advanced students), Criminology, History of Criminal Law, Legal History, Law of Obligations in Roman law and Psychology 3.3 Please indicate whether graduate law degree programmes in your jurisdiction include any specific international components (For instance, is it either compulsory or optional in a graduate law degree programme in your jurisdiction to spend time studying in another country, or are courses in EU law mandatory If so, can you please provide some details about this) Example: North Rhine-Westphalia, University of Muenster Law School Legal studies leading to the First Examination include several international components There are numerous international subjects and courses (mandatory and obligatory) offered by the faculty of law including courses on EU Law Pursuant to § 11 section I and II JAG NRW the state part of the First Examination comprises the required subjects (“Pflichtfaecher”) which are specified in its section II § 11 section II No and 11 JAG NRW determine that International Private Law and EU Law are such required subjects that will be part of the state examination “im Ueberblick” Thus detailed knowledge of the respective case law and legal literature is not required The examination in these subjects is rather aimed at assessing the understanding of the structure of the relevant law Furthermore the examination includes the German Law subjects with reference to the particular interaction and relation between national law and EU law Accordingly the study regulations of the universities (e.g § 16 study regulations of the law faculty of the University of Muenster) and the corresponding curricula provide for a lecture about these two subjects However, the successful completion of these two courses is not necessarily required for passing the intermediate examinations In most universities the Matter of Choice examination (university part of the First Examination) offers at least one “focal point” dealing with European and International Law The exact regulation and organization of the study mode differs among the universities According to the curriculum for the “focal point” “International Law, European Law, International Private Law” offered at the law faculty of the University of Muenster the students are obliged to successfully complete three courses out of a list of required courses (“Pflichtveranstaltung”) and three other courses out of a list of required electives (“Wahlpflichtveranstaltung”) The following list shows an extract of courses that are offered as either mandatory courses or 13 required electives depending on the curriculum of the respective “focal point”: - Fundamental Rights of the EU - European Corporate Law - European Private Law - Public International Law I and II - International Criminal Law - International Investment Arbitration - European Tariff Law - International Civil Procedure Law - European Contract Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) - Antitrust Law - Law of the World Trade Organization - International Arbitration Law These courses are non-mandatory for students who decide to complete a “focal point” of a non-international character Furthermore students can take part in the voluntary Foreign Language Program for Jurists – FFA Program (“Fachspezifische Fremdsprachenausbildung”) The FFA program is a voluntary four-semester study program offered in English (Common Law), in French (Droit Franỗais) and in Spanish (Derecho Espanol) resulting in a certificate The successful completion of the program requires the students to take law and language classes (nine classes in total) In addition to these classroom requirements, students must undertake a three week internship in an office or organisation where English (or French, Spanish) is spoken, and which primarily deals with legal issues Upon their return, students must submit oral and written reports on their experiences These reports form part of the end of study examinations currently in place There are both compulsory and optional classes as part of the FFA program The compulsory (introductory) subjects are: The Common Law Legal System, Constitutional Law (of the US, UK, or Australia), The Common Law of Torts, The Common Law of Contract, and three legal language classes provided by the language centre of the university The language classes are provided to complement the legal modules, by focusing on legal translation and terminology Parallel classes are offered on the French course and on the Spanish course The electives offered within the FFA include: Company Law, The Law of War, European Law, Constitutional Developments in the EU and the UK, International Dispute Resolution, International Business Transactions Albeit voluntary, the FFA is heavily recommended by the faculty and completed by about 80 Percent of the students Pursuant to § JAG NRW the obligatory internship can also be completed with a supranational, an intergovernmental or a foreign institution or a foreign lawyer (see section II answer to question 2.3 e) and f) Besides, students are encouraged to study abroad for the duration of one or more semesters There are numerous cooperations between the Law Faculty of the University of Muenster and foreign universities providing students with the opportunity to study abroad relying on a wellproven organisation Some of these cooperations allow students to gain two degrees while studying at both universities in the particular language (for further information see http://www.unimuenster.de/international/profil/lehre/diplome.html), e.g.: double diploma in law (“Doppeldiplom Rechtswissenschaft”, LL.M.) in cooperation with the University of Nijmegen (NL) and in cooperation with the University of Turin (I) Furthermore there are cooperations 14 between the university of Muenster and foreign universities with regard to doctorate degrees, e.g.: the Universities Paris II, Paris X, Paris XII, Lyon III (F); the University of Modena (I) and the University of Barcelona (ES); for further information see TF section III Addendum: Further Reading concerning legal studies in Germany • Bergmans, Bernhard: Interdisciplinary business law programmes in Germany, in: The Law Teacher 38 (2004), pp 326-340 • Bücker, Andreas/Woodruff, William A.: The Bologna Process and German Legal Education: Developing Professional Competence through Clinical Experiences, in: German Law Journal (2008), pp 575-617 • Hirte, Heribert/Mock, Sebastian: The Role of Practice in Legal Education, in: Jürgen Basedow/Uwe Kischel/Ulrich Sieber (eds., on behalf of Gesellschaft für Rechtsvergleichung): German National Reports to the 18th International Congress of Comparative Law Washington 2010, pp 19-38 • Lundmark, Thomas: Recent reforms to German legal education, in: The Law Teacher 42 (2008), pp 213-218 • von Münch, Ingo: Legal Education and the Legal Profession in Germany, BadenBaden (D), 2002 • Rieder, Lisa/Hamann, Hanjo: Student Participation in Legal Eucation in Germany and Europe, in: German Law Journal 10 (2009), pp 1095-1111 • von Schmädel, Judith: Legal Education in Austria and Germany and the Importance of the Study of Legal History, in: Hitotsubashi Journal of Law and Politics 37 (2009), pp 49-59 • Steiger, Heinhard: European Orientation of Legal Education in Germany, in: Günter Weick (ed.), National and European Law on the Threshold to the Single Market, Frankfurt/Main (D), 1993, pp 331-339 • Terry, Laurel S.: Living with the Bologna Process: Recommendations to the German Legal Education Community from a U.S Perspective, in: German Law Journal (2006), pp 863-905 • Vanistendael, Frans: Is Germany Unique? An Outside View of the Bologna Reform in Legal Education, in: Reto Hilty/Josef Drexl/Wilhelm Nordemann (eds.): Schutz vor Kreativität und Wettbewerb Festschrift für Ulrich Loewenheim zum 75 Geburtstag, München (D) 2009, pp 603-620 • Weber, Franziska: ‘Hanse Law School’ – A Promising Example of Transnational Legal Education? An Alumna’s Perspective, in: German Law Journal 10 (2009), pp 969980 • Wilson, Richard: Western Europe: Last Holdout in the Wordwide Acceptance of Clinical Legal Education, in: German Law Journal 10 (2009), pp 823-846 • Zimmermann, Reinhard: Legal Education in Germany: Some Characteristic Features, in: Sabih Arkan/Aynur Yongalik (eds.): Festschrift Liber Amicorum Tuğrulansay Zum 75 Geburtstag/in Honour of his 75th Birthday, Alphen aan den Rijn (NL) 2006, pp 549-562 15 For further information or clarification on these questions please contact the Task Force Coordinators: Tomas Berkmanas: t.berkmanas@tf.vdu.lt Cheryl Thomas: cheryl.thomas@ucl.ac.uk 16