GERMANY_Undergraduate_TF1 (complete)

Questionnaire TASK FORCE Regarding Undergraduate law degree 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 Are undergraduate degrees in law regulated by a special legislation in your country? Please indicate the name and reference of the relevant legislation, the Institutions with regulatory powers (i.e parliament, executive, universities), and provide a brief description of the contents: 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 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 Stands for “Bundesgesetzblatt” or Federal Law Gazette, Section I (covering domestic laws) 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 North Rhine-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), 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) c) University level (example: University of Muenster law school) aa) Original Name & Ref.: Pruefungsordnung fuer den Studiengang Rechtswissenschaft an der Westfaelischen Wilhelms-Universitaet Muenster of 7.5.2004 (as amended of 26.7.2011), Universitaet Muenster, Amtliche Bekanntmachungen 2011, Nr 19 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 Stands for: “Gesetz- und Verordnungssammlung NRW” or Collection of laws and ordinances of Northrine-Westphalia 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 32 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 26.7.2011), Universitaet Muenster, Amtliche Bekanntmachungen 2011, Nr 19 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 rule (all: 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: Bachelor programs (example: University of Muenster law school) Brief description: The University of Muenster offers two joint Bachelor programs (three years each): “Law and economics” and “Law and Politics” combining law studies with courses being taught by the faculties of economics and politics As far as can be seen to date, the graduates are sought after by employers; on the other hand, the quota of those trying to change to “real” law studies is still high Further information: http://www.wiwi.uni-muenster.de/basic/studieren/bael/index.html 1.2 Is the curriculum for all undergraduate law degrees in your Country determined by a central authority (such as the national department for education)? Or are academic institutions or law faculties themselves able to determine the specific courses offered in undergraduate law degree programs? 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 agencies) simply ignore the results of the university examinations 1.3 Which are, if any, the formal legal constraints/barriers to reform or change undergraduate law degree programs 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 undergraduate programs) 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 – Contents of Undergraduate law degree programmes 2.1 Which is the scope for learning in 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 § 5a 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: Bachelor programs (example: University of Muenster law school) The bachelor programs offered at several German universities not qualify for admission in the postgraduate judicial service training (“Rechtsreferendariat”) The objective of study of the programs offered at the University of Muenster law school is determined as the acquisition of both academic basic principles and expertise and specialized knowledge in the area of political science and law respectively economics and law Furthermore students shall learn methods and qualifications required to work academically, provide solutions for problematic issues always acting responsible 2.2 Does learning involve international subjects? Please, tick the appropriate box, specifying if mandatory or not: Comparative Law European Law European Law and Proceedings International Law Mandatory O X X O Non-mandatory X O O X Explanation Numerous international subjects are part of the legal education in Germany Due to the division of the “First Examination” into a state part and an university part (cf § DRiG and § section I JAG NRW) one has to differ between those parts with respect to the number and range of international subjects and the classification as mandatory or non-mandatory subjects a) State examination (example: North Rhine-Westphalia) aa) Pursuant to § 11 section I and II JAG NRW the state examination comprises the required subjects (“Pflichtfaecher”) which are specified in 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 bb) Other international subject: International Private Law (cf § 11 section II No JAG NRW) b) University examination aa) In most universities the Matter of Choice 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”) bb) Other international subjects (example: of University of Muenster law school): There are numerous other subjects offered at the University of Muenster that involve international subjects The following list shows an extract of courses that are offered as either mandatory courses or 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 These courses are non-mandatory for students who decide to complete a “focal point” of a noninternational character Addendum: Bachelor programs (example: University of Muenster law school) In their final year of study (semester and 6) students complete required electives (“Wahlpflicht”) Among the options offered are international subjects, such as European Law Advanced, Public International Law, European and International Employment and Social Security Law, the German Basic Law and the International Legal Order Addendum: Foreign language program for jurists (“Fachspezifische Fremdsprachenausbildung” – FFA): 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 (an additional Russian FFA is in preparation) 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 2.3 Does learning involve inter-disciplinary courses? Please, indicate them and specify whether mandatory or not (by inter-disciplinary courses, we mean courses that combine another discipline with law, such as Law and Economics) 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 Furthermore, it is possible to write the required assignment while taking part in a seminary on Legal Philosophy or History of Law, e.g 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 2.4 Does learning involve disciplines that are outside the scope of legal subjects? If yes, please indicate what non-legal disciplines are taught Please tick the appropriate box, specifying if they are mandatory or not (by non-legal we mean courses that not specifically include law, such as an Economics course in Game Theory) Political Sciences Economics Anthropology Foreign languages Medicine Research methods Psychology History Philosophy and ethics Communications Environmental policy Statistics Mandatory O O O X O O O O O O O Non-mandatory O X O O X X X 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 2.5 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 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 Furthermore, it is possible to write the required assignment while taking part in a seminary on Legal Philosophy or History of Law, e.g (see above 2.3) 2.6 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 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 interdisciplinary courses 2.7 Are some courses taught in foreign languages? Please, specify First Examination: § JAG NRW regulates the requirements for admission to the state part of the First Examination According to its section I No one of those requirements is the successful completion of a foreignlanguage law course or a language course that deals with legal matters and terminology Correspondingly a confirmation of the completion of such course shall be enclosed upon the request for admission to the state Examination (cf § No JAG NRW) As a result such courses are on offer at the universities in North Rhine-Westphalia The study regulations of the law faculty of the University of Muenster determine that the requirement of the completion of such a course is also fulfilled by the completion of the foursemester FFA program offered in English, French and Spanish In addition students who studied at a foreign University for at least one semester are exempted from the rule (cf § 19) Courses that are regarded as foreign language courses meeting the criterion stated in § JAG NRW and § 19 study regulations are for instance: Introduction to Turkish Law or English for Law Students: Reading Skills and Terminology Furthermore universities offer several law courses in a foreign language mainly within the Matter of Choice Examination, e.g International Criminal Law Addendum Bachelor programs (example: University of Muenster law school) According to the study regulations of the bachelor program Law & Politics (§ and Appendix) students are required to successfully complete at least two modules in a foreign language (English) assessing the ability to work with English academic texts and the students’ presentation skills in English Furthermore the particular examination of a course (e.g written examination, assignment) shall be fulfilled in the language which the examiner considers appropriate in terms of professional requirements (§ 11 section II study regulations) Addendum FFA (example: law faculty of the University of Muenster) The voluntarily four-semester FFA program is entirely taught in a foreign language At the University of Muenster the program is offered in English (Common Law), French (Droit Franỗais) and Spanish (Derecho Espanol; for details about the structure of the program and the courses offered, see answer to question 2.2) 2.8 Is any practical experience/internship in the legal/judicial field mandatory for students taking undergraduate law degrees? 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 Bachelor programs (example: University of Muenster law school) The completion of a twelve-weeks internship is mandatory for students taking the bachelor programs offered at the University of Muenster law school (cf § section II study regulations, internship regulations Appendix III § 1) 2.9 Is any practical experience/internship in the legal/judicial field optional (i.e., offered but not mandatory) for students taking undergraduate law degrees? 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 2.10 Do students need language requirements to be admitted to undergraduate law courses? First Examination (example: North Rhine-Westphalia) The admission to the state examination as part of the First Examination requires evidence of at least two years of study at a University for which the DRiG is applicable (§ JAG NRW) A precondition for the commencement of law studies is the enrolment at the university For enrolling at the University of Muenster foreign applicants must provide evidence of adequate German language skills This can be done by means of a variety of certificates:  a DSH-2 or DSH-3 certificate acquired at a German university or Studienkolleg in accordance with the regulations issued by the University Rectors Conference; DSH stands for „Deutsche Sprachpruefung fuer den Hochschulzugang“ (German Language Examination for University Entrance)  TestDaF level in all four skills: www.testdaf.de  German Language Diploma (Deutsches Sprachdiplom) as laid down by the Conference of the Ministers of Education, Level II  Central Examination, Advanced Level (Zentrale Oberstufenpruefung) set by the Goethe Institute 10    Standard/Advanced German Language Diploma (Kleines/großes deutsches Sprachdiplom), issued by the Goethe Institute UNIcert-certificate, Levels III and IV DSH or DSH 3, acquired at a foreign university under the responsibility of a department of a German university Corresponding qualifications are demanded for the enrollment at other German universities Apart from the UNIcert-certificate, Levels III and IV that is not accepted at the “Heinrich-HeineUniversitaet Duesseldorf” and the “Ruhr Universitaet Bochum”, the certificates stated are demanded and accepted by most German universities Applicants without proper proof of German language proficiency may not be enrolled Addendum FFA (example: law faculty of the University of Muenster) As a precondition for the enrolment in and thus the commencement with the FFA program students must provide evidence of proficient language skills by passing at an appropriate level a test of proficiency in English as provided by the University language center (cf § study regulations) 2.11 How examinations and final dissertation take place? (oral, written examinations, multiple choice tests, etc.) First Examination The assessment of the First Examination is organized and executed by a judicial examinations board In North Rhine Westphalia there are three judicial examinations boards, based at the Higher Regional Courts of Duesseldorf, Hamm and Cologne respectively (cf § section I JAG NRW) The state part of the First Examination comprises both written examination and oral examination which is divided into a presentation (up to twelve minutes; one hour of preparation) and an oral interview Out of six written tests in total – with a duration of five hours each – three tests will cover Civil Law matters, two tests will be about Public Law matters and one test will deal with Criminal Law issues A case shall be presented in order to assess the ability of students to apply the law to facts presented (cf § 10 JAG NRW) The intermediate examination and the university part of the First Examination (Matter of Choice Examination) are assessed by means of course-related examinations alongside the legal studies The examinations are generally composed of written tests of 60 to 120 minutes depending on the examiner’s decision These tests generally assess the knowledge and understanding gained in each course at the end of each semester (cf §§ 4, examination regulations of the law faculty of the University of Muenster) Furthermore students are required to hand in two assignments written throughout the semester break in order to pass the intermediate examination (cf § 17 examination regulations) The Matter of Choice examination is also composed of written examinations at the end of semester for each of the required subjects and the required electives, a written examination or an assignment combined with a presentation and an assignment that will be presented in a seminar (§§ 26 and 27 examination regulations of the law faculty of the University of Muenster) Addendum: FFA (example: University of Muenster law school) Examinations as part of the FFA program are mainly written tests assessing each course Depending on the course there can also be assignments and presentations in class At the end of the foursemester study programme there is an oral examination which will include questions to the obligatory internship 11 If data 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 Country 12 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) Since 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 Are any innovative learning methods used in undergraduate law degree programs in your Country? (For instance, observation in court, multimedia in class, legal clinics, etc.) 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)  Bachelor Programs offered at most universities (University of Muenster: Law & Economics, Law & Politics, for further information see TF section I and II);  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 courses 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  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 Furthermore several universities in Germany offer law clinics, e.g.: 13    Refugee Law Clinic at the University of Gießen (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.lsi-berlin.org/humboldt-law-clinic); Legal Clinic at the University of Hannover (http://www.jura.uni-hannover.de/legalclinic.html?&L=1) 3.2 Are any innovative learning contents used in undergraduate law degree programs in your Country? 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 (university part of the First Examination, § section I DRiG, § section I JAG NRW) 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 Straf- und 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 Furthermore subjects of an interdisciplinary nature can be regarded as innovative learning contents 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 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 Do undergraduate law degree programs in your Country include any specific international components? (For instance, is it either compulsory or optional to spend time studying in another country? 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 (see section II answer to question 2.2) Furthermore students can take part in the voluntary Foreign Language Program for Jurists – FFA Program (“Fachspezifische Fremdsprachenausbildung”) offered in English (Common Law), in 14 French (Droit Franỗais) and in Spanish (Derecho Espanol); for further information see section II answer to question 2.2 addendum Pursuant to § JAG NRW the obligatory internship can also be completed with a supranational, an intergouvernemental or a foreign institution or a foreign lawyer (see section II answer to question 2.8) Besides, students are encouraged to study abroad for the duration of one or several 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 well-proven 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.uni-muenster.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 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, Baden-Baden (D), 2002  Rieder, Lisa/Hamann, Hanjo: Student Participation in Legal Education 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 863905  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 15    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 969-980 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 For further information or clarification on these questions please contact the Task Force Coordinators: Daniel Smilov (TF Coordinator) University of Sofia – Bulgaria daniel@cls-sofia.org Ole Hammerslev (TF Coordinator) – University of Southern Denmark ohv@sam.sdu.dk Emily Hartz (TF Coordinator) – University of Southern Denmark emily.h.hartz@gmail.com 16