BỘ TƯ PHÁP TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI BÀI TẬP LỚN M Ô N COMPARATIVE LAW ĐỀ BÀI 0 4 EVALUATE LEGAL EDUCATION IN FRANCE AND GERMANY, AND TO DRAW POSSIBLE LESSON TO VIET NAM (2 C 6) HỌ VÀ TÊN ĐOÀN THỦY T.
TRƯỜNG BỘ TƯ PHÁP ĐẠI HỌC LUẬT HÀ NỘI BÀI TẬP LỚN MÔ N: COMPARATIVE LAW ĐỀ BÀI: 04 EVALUATE LEGAL EDUCATION IN FRANCE AND GERMANY, AND TO DRAW POSSIBLE LESSON TO VIET NAM(2C 6) HỌ VÀ TÊN : ĐOÀN THỦY TIÊN MSSV : 433257 LỚP : N01 – TL2 NHÓM : 10 BỘ TƯ PHÁP TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI BÀI MÔN: TẬP LỚN COMPARATIVE LAW ĐỀ BÀI: EVALUATE LEGAL EDUCATION IN FRANCE AND GERMANY, AND TO DRAW POSSIBLE LESSON TO V IET NAM (2C 6) HỌ VÀ TÊN : ĐOÀN MSSV : 433257 LỚP : N01– TL2 NHÓM : 10 THỦY TIÊN INTRODUCTION Among countries that apply the Civil Law family, France and Germany are two countries with a written legal system that develops early and plays a great role, greatly affecting the legal system of countries another belongs to this legal family Therefore, the selection of research subjects, learning about the two legal systems of France and Germany, namely the issue of "Law training and practicing law in France and Germany", will provide a part of the system The vast knowledge of the Civil Law family, as well as its application, has learned many lessons for the legal system in Vietnam - which is also the country where the written law system is applied That is the reason why i decide to choose the topic: “Evalute legal education in France and Germany, and to draw possible lesson to Viet Nam” to take a closer look at their legal education and what suitable to apply to our country CONTENT I-Similarities 1.1) Admissions requirements You obtain an application from the website of your chosen institution, and you can apply to a maximum of three institutions On the application you will need to fill out your personal details and provide transcripts of prior diplomas and the results This is to check whether your results comply with the course’s admission standards, which ensure that students have the academic capability to succeed in their chosen program Sometimes standardized tests such as the GRE, GMAT or LSAT are required for admission – these are internationally used tests which ensure that applicants are prepared for the challenges of advanced study Some courses will also require a test of language proficiency if you are a non-native speaker of the language that you are undertaking your degree in 1.2) Duration Both law students in France and Germany have to undergo basic training in the law faculties of universities for years During these years, students must study fundamental subjects in the science of law such as history of legal theories, history of law, philosophy, social law and nature subjects compulsory such as constitutional law, civil law, criminal law, administrative law, civil procedure law, at the end of this training program, students must take the exam to be able to receive a Bachelor of Laws 3 1.3) Teaching subject Both countries have a law training model for students after graduating from law university Students go to law school immediately after finishing high school Universities not have a difficult selection procedure Some might require a certain GPA but accept almost everyone who applies for a law school admission There is no such thing as a standardized test before admission II-Differencies 2.1) Tuition Fees In France You can study in france for free if you are a citizen or permanent resident of a country of the EEA (European Economic Area) or Switzerland The EEA includes all countries of the EU (European Union) as well as Iceland, Liechtenstein and Norway Although studying in France is then not entirely “free”, you will only be charged a very small amount when you study at a public university However, if you are not a citizen of an EEA country or Switzerland, or already a permanent resident, you will have to pay higher tuition fees in France This is a drastic change from an effectively free tuition system, where students needed to pay only around 200 euros per year At the same time, though, there will be three times as many government-sponsored scholarships for foreign students You will also have to pay higher tuition fees at a private university In Germany Many public universities in Germany offer quality education to citizens and international students free So, if you enroll in a law program in public law school in Germany, you can study law for free in Germany 2.2) Study Programme In France Under the provisions of the 1968 statute, the universities acquired the right to establish their teaching activities, their research programs, their pedagogical methods, their examination procedures, and the status of their teaching personnel While the national government retained -the discretion to set mandatory requirements for conferring nationally-recognized degrees, the universities were -free to determine the distribution of these requirements and to supplement them with their own requirements and a broad range of electives.' The administrative restructuring of the system of French higher 4 education - its "decentralization" - did not alter, however, the basic pattern of French legal studies: the basic degree course remains a four-year program consisting of two principal "cycles" or stages of study The first two-year cycle essentially is a period of general orientation to the study of law; students achieve a -limited concentration (or major) in an academic department only in the second year Upon completing this first cycle, students are awarded a general studies degree, called the Diplome d'Etudes Universitaires Gdndrales, mention Droit (D.E.U.G.), which corresponds to an associate degree with specialization in law During the second two-year cycle, students must concentrate in one of the departments providing instruction in law At the end of the third year, students receive a licence en droit, the equivalent of a B.A in law; at the end of the fourth year, they are granted a maltrise en droit, an M.A in law, which, for all practical purposes, has become the basic French -law degree In Germany: Legal studies at university law faculties in a program of at least four years During the four years at university, all law students have to cover a wide range of compulsory subjects (Pflichtfăacher) and an elective subject (called Wahlfach until 2002 and now called Schwerpunktbereich) In addition, universities require students to learn a foreign language, either in a lecture or in a language class Students also must complete a practical stage of at least three months during the breaks This frame, binding upon the legislation of the states, is set by the Federal Judge Act in Section 5a It also prescribes the compulsory subjects: the main elements of civil law, criminal law, public law, procedural law, and the law of the European Union; legal methodology; and the philosophical, historical, and social foundations of the law The optional subjects are not set by federal law The law simply states that they should broaden and deepen the compulsory subjects The intention is to teach the interdisciplinary and international aspects of the law This first stage is followed by a compulsory practical training (Referendarzeit, or apprenticeship) of two years There is no law school system like that of the France 2.3) Exit examination In France This exam is simply a university graduation exam like other professions, organized by the school in conjunction with the French Ministry of Justice, if not, students can continue to take the test again and again, once they have https://letr.org.uk/references/storage/TC6W3R79/Korioth%20 -%202006%20%20Legal%20Education%20in%20Germany%20Today.pdf, April 1st, 2021 5 passed Graduate students will be awarded with the degree "Maitrise en droit" (Bachelor of Laws) In Germany On the contrary, this exam is judged to be quite difficult, as it is a national exam administered under the supervision of both the federal government and the state Department of Justice If they pass this exam, then students can continue to study in the second stage Unlike in France, law students in Germany are only allowed to take the exam again once If they fail, they will not be allowed to take the test again, they have to go back to training from the beginning, and will waste a few years studying at the school 2.4) Legal internships In France After years of studying law to become a judge or prosecutor, they must go to the Judges Training School in Bordeaax for 31 months and undergo a period of internship, the graduate is appointed to be a judge or prosecutor; those who want to become judges in administrative courts must study at the national administrative institute, with a special feature commercial court judges are appointed from reputable and experienced traders To become a lawyer students must complete a 12-month course at a law training center and must be a member of the local bar association for 2-5 years internship In Germany There must be years of practice, in years of practice, there must be 1.5 years of learning skills (preparing documents, contacting clients, litigation ), half a year practice in court, half a year at the lawyer's office and half a year for the second national exam Those who graduate after the second national exam have an official degree, those who want to become a lawyer not have to study to get a law degree and those who want to become a judge after the internship exam can be appointed without having to study III-Comment There are many things our legal education can learn from Germany and France To begin with, in France, instead of going into academic theoretical subjects (such as scientific research methods ) that the PhD student can learn by himself through books and newspapers, they focus on guiding the PhD student with specific research skills such as: how to quote science, how to search documents, how to write a scientific article, dissertation or thesis Morever, the application of modern teaching methods such as dual lectures, solving specific situations, projections also helps the institute to access the lecture content in many aspects, both in theory and practice 6 CONCLUSION To summary, although France and Germany are two countries which have the same legal family and geographically neighbors, they have quite primary differences in the model of law training It is these attributes that have created for France and Germany its own characteristics, creating advantages for each country in the field of legal development Our contry legal education can learn a lot from them REFERENCE MATERIALS Giáo trình luật so sánh, Nxb Công an nhân dân, 2019 Micheal Bogdan, Comparative law Law Faculties and Law Schools - A Comparison of Legal Education in the United States and Germany Max Rheinstein , Max Rheinstein https://www.lawstudies.com/France/#:~:text=The%20law%20school%20is% 20divided,three%2Dyear%20or%20more%20Ph.&text=France%20is%20app ealing%20to%20law,its%20high%20level%20of%20academics Legal education in Germany today, Stefan Korioth 7 INTRODUCTION Among countries that apply the Civil Law family, France and Germany are two countries with a written legal system that develops early and plays a great role, greatly affecting the legal system of countries another belongs to this legal family Therefore, the selection of research subjects, learning about the two legal systems of France and Germany, namely the issue of "Law training and practicing law in France and Germany", will provide a part of the system The vast knowledge of the Civil Law family, as well as its application, has learned many lessons for the legal system in Vietnam - which is also the country where the written law system is applied That is the reason why i decide to choose the topic: “Evalute legal education in France and Germany, and to draw possible lesson to Viet Nam” to take a closer look at their legal education and what suitable to apply to our country CONTENT I-Similarities 1.1) Admissions requirements You obtain an application from the website of your chosen institution, and you can apply to a maximum of three institutions On the application you will need to fill out your personal details and provide transcripts of prior diplomas and the results This is to check whether your results comply with the course’s admission standards, which ensure that students have the academic capability to succeed in their chosen program Sometimes standardized tests such as the GRE, GMAT or LSAT are required for admission – these are internationally used tests which ensure that applicants are prepared for the challenges of advanced study Some courses will also require a test of language proficiency if you are a non-native speaker of the language that you are undertaking your degree in 1.2) Duration Both law students in France and Germany have to undergo basic training in the law faculties of universities for years During these years, students must study fundamental subjects in the science of law such as history of legal theories, history of law, philosophy, social law and nature subjects compulsory such as constitutional law, civil law, criminal law, administrative law, civil procedure law, at the end of this training program, students must take the exam to be able to receive a Bachelor of Laws 8 1.3) Teaching subject Both countries have a law training model for students after graduating from law university Students go to law school immediately after finishing high school Universities not have a difficult selection procedure Some might require a certain GPA but accept almost everyone who applies for a law school admission There is no such thing as a standardized test before admission II-Differencies 2.1) Tuition Fees In France You can study in france for free if you are a citizen or permanent resident of a country of the EEA (European Economic Area) or Switzerland The EEA includes all countries of the EU (European Union) as well as Iceland, Liechtenstein and Norway Although studying in France is then not entirely “free”, you will only be charged a very small amount when you study at a public university However, if you are not a citizen of an EEA country or Switzerland, or already a permanent resident, you will have to pay higher tuition fees in France This is a drastic change from an effectively free tuition system, where students needed to pay only around 200 euros per year At the same time, though, there will be three times as many government-sponsored scholarships for foreign students You will also have to pay higher tuition fees at a private university In Germany Many public universities in Germany offer quality education to citizens and international students free So, if you enroll in a law program in public law school in Germany, you can study law for free in Germany 2.2) Study Programme In France Under the provisions of the 1968 statute, the universities acquired the right to establish their teaching activities, their research programs, their pedagogical methods, their examination procedures, and the status of their teaching personnel While the national government retained -the discretion to set mandatory requirements for conferring nationally-recognized degrees, the universities were -free to determine the distribution of these requirements and to supplement them with their own requirements and a broad range of electives.' The administrative restructuring of the system of French higher 9 education - its "decentralization" - did not alter, however, the basic pattern of French legal studies: the basic degree course remains a four-year program consisting of two principal "cycles" or stages of study The first two-year cycle essentially is a period of general orientation to the study of law; students achieve a -limited concentration (or major) in an academic department only in the second year Upon completing this first cycle, students are awarded a general studies degree, called the Diplome d'Etudes Universitaires Gdndrales, mention Droit (D.E.U.G.), which corresponds to an associate degree with specialization in law During the second two-year cycle, students must concentrate in one of the departments providing instruction in law At the end of the third year, students receive a licence en droit, the equivalent of a B.A in law; at the end of the fourth year, they are granted a maltrise en droit, an M.A in law, which, for all practical purposes, has become the basic French -law degree In Germany: Legal studies at university law faculties in a program of at least four years During the four years at university, all law students have to cover a wide range of compulsory subjects (Pflichtfăacher) and an elective subject (called Wahlfach until 2002 and now called Schwerpunktbereich) In addition, universities require students to learn a foreign language, either in a lecture or in a language class Students also must complete a practical stage of at least three months during the breaks This frame, binding upon the legislation of the states, is set by the Federal Judge Act in Section 5a It also prescribes the compulsory subjects: the main elements of civil law, criminal law, public law, procedural law, and the law of the European Union; legal methodology; and the philosophical, historical, and social foundations of the law The optional subjects are not set by federal law The law simply states that they should broaden and deepen the compulsory subjects The intention is to teach the interdisciplinary and international aspects of the law This first stage is followed by a compulsory practical training (Referendarzeit, or apprenticeship) of two years There is no law school system like that of the France 2.3) Exit examination In France This exam is simply a university graduation exam like other professions, organized by the school in conjunction with the French Ministry of Justice, if not, students can continue to take the test again and again, once they have https://letr.org.uk/references/storage/TC6W3R79/Korioth%20 -%202006%20%20Legal%20Education%20in%20Germany%20Today.pdf, April 1st, 2021 10 10 passed Graduate students will be awarded with the degree "Maitrise en droit" (Bachelor of Laws) In Germany On the contrary, this exam is judged to be quite difficult, as it is a national exam administered under the supervision of both the federal government and the state Department of Justice If they pass this exam, then students can continue to study in the second stage Unlike in France, law students in Germany are only allowed to take the exam again once If they fail, they will not be allowed to take the test again, they have to go back to training from the beginning, and will waste a few years studying at the school 2.4) Legal internships In France After years of studying law to become a judge or prosecutor, they must go to the Judges Training School in Bordeaax for 31 months and undergo a period of internship, the graduate is appointed to be a judge or prosecutor; those who want to become judges in administrative courts must study at the national administrative institute, with a special feature commercial court judges are appointed from reputable and experienced traders To become a lawyer students must complete a 12-month course at a law training center and must be a member of the local bar association for 2-5 years internship In Germany There must be years of practice, in years of practice, there must be 1.5 years of learning skills (preparing documents, contacting clients, litigation ), half a year practice in court, half a year at the lawyer's office and half a year for the second national exam Those who graduate after the second national exam have an official degree, those who want to become a lawyer not have to study to get a law degree and those who want to become a judge after the internship exam can be appointed without having to study III-Comment There are many things our legal education can learn from Germany and France To begin with, in France, instead of going into academic theoretical subjects (such as scientific research methods ) that the PhD student can learn by himself through books and newspapers, they focus on guiding the PhD student with specific research skills such as: how to quote science, how to search documents, how to write a scientific article, dissertation or thesis Morever, the application of modern teaching methods such as dual lectures, solving specific situations, projections also helps the institute to access the lecture content in many aspects, both in theory and practice 11 11 CONCLUSION To summary, although France and Germany are two countries which have the same legal family and geographically neighbors, they have quite primary differences in the model of law training It is these attributes that have created for France and Germany its own characteristics, creating advantages for each country in the field of legal development Our contry legal education can learn a lot from them REFERENCE MATERIALS Giáo trình luật so sánh, Nxb Công an nhân dân, 2019 Micheal Bogdan, Comparative law Law Faculties and Law Schools - A Comparison of Legal Education in the United States and Germany Max Rheinstein , Max Rheinstein https://www.lawstudies.com/France/#:~:text=The%20law%20school%20is% 20divided,three%2Dyear%20or%20more%20Ph.&text=France%20is%20app ealing%20to%20law,its%20high%20level%20of%20academics Legal education in Germany today, Stefan Korioth 12 12 ... ? ?Evalute legal education in France and Germany, and to draw possible lesson to Viet Nam? ?? to take a closer look at their legal education and what suitable to apply to our country CONTENT I-Similarities... ? ?Evalute legal education in France and Germany, and to draw possible lesson to Viet Nam? ?? to take a closer look at their legal education and what suitable to apply to our country CONTENT I-Similarities... have to go back to training from the beginning, and will waste a few years studying at the school 2.4) Legal internships In France After years of studying law to become a judge or prosecutor,