THE PROPOSAL OF THE INTEGRATED STUDY PROGRAMME OF THE UNIVERSITY LEGAL STUDY THROUGH THE FIRST AND SECOND LEVEL (UNDERGRADUATE AND GRADUATE) IN THE DURATION OF FIVE YEARS
(Reasons for establishing the study; the proposal makers’ experience in the implementation of equivalent and similar programmes to date; openness of the study towards the student mobility)
In almost all EU countries, in accordance with the reformed study programmes corresponding to the Bologna process, only the completion of the university legal study in the duration of five years and obtaining the academic title of a master qualifies a person to perform the elite legal professions in the judiciary, public attorney’s office, public notary, the practice of law, as well as any to hold a leading or more responsible legal office in the state administration bodies and local self-government bodies, trading companies, institutions, political bodies, parties, associations, diplomatic and consular services and so on.
Starting from the aforementioned fact , the Croatian law schools, supported by the most important parts of the legal profession, consider that the optimum model of the future university legal study would be an integrated model of the implementation of the legal study programme through the first and second level (undergraduate and graduate) in the duration of five years, and that this model of the study organisations does not have an alternative of the equal quality. The detailed reasons for the establishment of such a study model are mentioned in the Pt. 2.7, in which the appropriate comparative experiences are given.
The Faculty of Law of the University of Zagreb organises and is willing to start implementing an integrated study programme through the first and second level (undergraduate and graduate) in the duration of five years. Following the example of the best European and world experience, this study programme would be founded on the theoretical and practical study of law as a social phenomenon, on the knowledge of the legal system of the Republic of Croatia and the European Union, as well as legal systems of European and other developed countries.
In regards of ‘the experience of proposal makers in the implementation of equivalent and similar programmes to date’, it will be sufficient to mention that the Faculty of Law is one of the oldest institutions of the University of Zagreb, and out of all faculties in Zagreb the only one that has continually provided university legal education to the students for two hundred and twenty eight academic years, since 1776. In its third century of operation, the Faculty of Law has proved – by its continuous contribution to the creation of the Croatian legal system, the establishment of the rule of law and the education of new generations of lawyers in the finest European legal traditions – to be the most distinguished representative of the Croatian legal school, as one of the centres of the Central European legal tradition, and as such it is indisputably appreciated in the country and abroad.
All the aforementioned, including the fact that the Faculty of Law was one of the first faculties in Zagreb to introduce the ECTS system as early as three years ago, enables the maximum ‘openness of the study to the student mobility’, both on the domestic and international level. This is especially true in regards of the students from the Central European and the South-East European region, as it was already confirmed on numerous occasions.
2. GENERAL PART
Name of the study: study for the education of masters of law (mag. iur.)
Performer of the study: Faculty of Law of the University of Zagreb
Duration of the study: 5 years (see Pt. 2.7.)
Enrolment conditions: The following have the right to compete to enrol in the first year of the study: a) citizens of the Republic of Croatia, within the number determined by the announcement of enrolment, who have successfully completed the secondary school programme in the duration of five years; b) foreign citizens who have successfully completed appropriate secondary school education.
The classification procedure comprises: a) evaluation of the candidate’s academic standing in the secondary school, b) evaluation of the knowledge shown in the written test; the written test for the legal study contains questions from the areas of the Croatian language and literature, history, philosophy and logic, c) evaluation of the foreign language knowledge under the conditions that it is not their mother tongue, or the language they have studied in the secondary school, d) determination of the ordinal number of priority to register.
See Pt. 2.7.
See Pt. 2.7.
Proposal to initiate the approved integrated implementation of the study programme of the university legal study:
In accordance with the Article 5 Par. 1 of the “Minimum common foundations of the university legal study curriculum in law schools in the Republic of Croatia”, issued by all Faculties of Law in the Republic of Croatia towards the end of 2004 (see Attachment 1), Faculties of Law decided to jointly submit the request to the National Council of Higher Education for the approval of the integrated implementation of the study programme of the university legal study through the first and second level (undergraduate and graduate) in the duration of five years, in accordance with the Art. 70, Par., 4 of the Law.
The integrated implementation of the study programme of the university legal study in the duration of five years is a customary model in several EU countries (e.g. Spain, Portugal, Greece, and in the future Germany and Italy, and it is completely dominant in the countries that belong to the Central European legal circle, as Croatia does, and which became the EU members in 2004 (see Attachments 2.1. and 2.2.), and whose experiences in the legal study reform and its adjustment to the Bologna process should therefore be particularly considered.
The most recent tendencies in Germany, Italy and Hungary, as the countries whose legal culture and legal education system has influenced the Croatian legal system for centuries and still continues to do so to the greatest extent, should be particularly emphasised.
The conclusion of the 84th conference of the Association of the German Law Schools (Deutscher Juristen-Fakultätentag), held in June 2004 in regards of the Bologna-model stipulates in the Paragraph 3 that the implementation of “the academic level of bachelor is out of the question, because of the insufficient duration of the education in regards of the specific legal professions” (“…nicht in Betracht kommen”) (See Attachment 2.3.)
The decision of the Ministry of Education, Science and Research (MIUR) of the Republic of Italy that, due to the negative experience, the already reformed programme of the legal study according to the model 3+2 should largely be replaced by the uniform legal study in the duration of five years according to the model 5+0 starting from the academic year 2005/2006 (so-called laurea magistrale in giurisprudenza) (See Attachment 2.4.)
The new Hungarian legislature on higher education, based on the Bologna process, which determines for the study of law the integrated implementation of the study programme of the university legal study through the first and second cycle in the duration of five years, similarly to the study of medicine.
In accordance with the experience of the mentioned countries, the integrated implementation of the study programme in the duration of five years represents an optimum model of the implementation of the reformed university legal study, since its duration enables:
the incorporation of all necessary theoretical and practical contents into the legal study and
adequate adjustment of the contents pertaining the national legal orders with the daily growing contents related to the EU legal order, as well as various comparative-legal aspects, all of which should urgently be included into the university legal study.
In almost all EU countries, in accordance with the reformed study programmes corresponding to the Bologna process, only the completion of the university legal study in the duration of five years and obtaining the academic title of a master qualifies a person to perform the elite legal professions (judges, lawyers, General Attorneys, public notaries etc.). Taking into account the need to enter the labour market as soon as possible, apart from the aforementioned university legal study in the duration of five years and oriented toward the education of students for holding the highest legal offices, the Faculty of Law of the University of Zagreb plans to continue the long-standing co-operation with the Public Polytechnic in Zagreb in the organisation of the administrative law study in the duration of three years. The Faculty also plans to establish new, comparable programmes in the duration of three years (e.g. the tax law study), oriented toward the education of students for performing administrative-legal and tax-legal professions.
2.8. Professional or academic title or the degree gained by the completion of the study:
The completion of the study programme of the university legal study through the first and second cycle (undergraduate and graduate) in the duration of five years, in accordance with the Article 70, Par. 4 of the Law, the student would acquire 300 ECTS credits and the title of the master of law (mag. iur.).
3. PROGRAM DESCRIPTION 3.1. The list of obligatory and elective subjects with the number of teaching hours needed for their realisation and the number of ECTS credits