The beginnings of legal education can be traced to the European medieval universities. The first universities were established in the 12th century and their structure and operation has basically not changed for the past nine centuries. The predecessors of universities were the prebendal and monastic schools. Here Latin writing and reading as well as Latin grammar and composition were taught. Early intelligentsia was distinguished by the rest of the population for its ability to read and write in Latin. In a broader sense we can understand this as a rudimentary form of legal education as prebendal school later became the bases of the notary and charter-writer education.
The structure of the first universities reflected the structure of guilds. Students and teachers established bodies similar to guilds, this was UNIVERSITAS: The professional lawyer in Europe appeared at the end of the 11th century. For a long time the legal profession could be exercised without any required qualification. What did lawyers do in this period? Apart from drafting forms and notary duties they had some diplomatic tasks such as argumentation and counter-argumentation during negotiations between states, among others.
The first universities were institutions built from above, with royal support. The evolution of European universities followed two models: the structure of the University of Bologna and that of Paris. The University of Bologna was established by a charter of Frederic Barbarossa I in 1158. This was "Habita authentica". Celestine III's charter founded the university of Paris in 1194. At the University of Paris theological education was more dominant and the university had a stronger ecclesiastic character. In Bologna it was the legal education, more precisely the teaching of Roman law that was the strongest. The precondition of university entrance was the knowledge of Latin. Education started at the faculty of fine arts with getting to know the seven free arts. After two ears studying grammar, rhetoric and logic student took exams followed by the study of arithmetic, geometry, astronomy and music for four years. Then the student received the title of magister and could go on to "higher" studies. Law belonged to such higher studies. Therefore the study of law was possible only after serious basic studies. Two branches of law could be studied: canonical and Roman law.
What was the method of education in the middle ages? The method of education was scholastic. This meant that the bases of learning were written materials. During the learning process the texts first had to be memorised. Thus, lexical knowledge was the basis. This was followed by the interpretation and explanation of the text. Finally, the text was applied and used. There were questions asked and replied in connection with the text. The student gradually changed from a passive receiver to an active participant, who already learnt to argue and debate. Scholastics trained for discipline. The particular texts had t be learnt word by word, text comprehension was significant as it made possible to ask good questions. Students learned to argue in a good and convincing way. More and more universities in Europe started to deal with legal assistant training, in the Middle Ages it was already 60 universities, all following the syllabus and examination requirements of the University of Bologna. Besides, students from all over Europe flooded to the faculties of law of Italian universities.
It is important to note that legal education followed the Bologna example all over Europe and primarily it focused on the study of legal science. Thus students received theoretical tuition and were not educated directly for the purposes of legal practice.
In medieval Europe there were 60 universities offering legal education and all universities took the University of Bologna as an example regarding structure, syllabus and examination requirements. Moreover, Italian universities were most dominant in the field of legal education. The faculties of law of Italian universities had very many students from all over Europe. This resulted in the establishment of a unified system of legal education. This meant that all learned lawyers in Europe - except for England -acquired the same basic legal knowledge. No wonder
- 174/175 -
that it was in Bologna that the members of the European Union signed an agreement on the creation of a unified system of European higher education.
Inns of Court were established in England in the 16th century. Legal education differed from continental legal education in several areas. In the law college students primarily learned music, dance, communication and manners. A very significant difference from the continental education was that professional knowledge was acquired not during the studies but during practice. This practice-oriented education has remained unchanged until today. In continental legal education some skills were also acquired during practice, however, at the university there was serious general training and after students passed their master exams they went on with professional studies. This serious professional training primarily provided theoretical knowledge. The second big difference was that law colleges were autonomous bodies and legal education remained under the control of this autonomous body from student to the chief judge. According to this universities managed their own preparatory schools in the beginning. The term "grammar school" is derived from this period. The English legal education brought a novelty in the teaching method as well. The bases of the studies are the particular cases. The method involves the evaluation, classification of the case, the selection of the most suitable legislation that can be used to solve the problem. Moreover, according to Maitland English law, the basis of which is custom law or "common law" sustains thanks to national schools.
In the 12th-14th century a social group emerged in Europe which can be considered as a predecessor of the current legal society. People could become members of the group regardless of their origin, social status. This fact was very important if we consider the relations in the feudal society. Theses people had such skills that enabled them to deal with the solving of legal questions and thus their social recognition was won through these skills. This social recognition could be achieved according to the legal work, the legal qualification both in the middle ages and in modern times. Already in the late middle ages the moral requirements of lawyers were formulated: independence, diligence, and loyalty. It was important that the lawyer should not be corrupted. Legal qualification was an advantage. The respect for and protection of legislation was a natural requirement.
14th century "communal" (per consuetudinem) universities were replaced by a different type of university founded by absolutist monarchs. In education the knowledge and assessment skills of artistic products were most dominant. It was only later that professional knowledge took over, mostly in the field of law, theology and medicine. It was an important change that by the elimination of feudal bondages and by the emergence of civil relations education also went through democratisation. The elitist character of education and the prevalence of artistic knowledge remained unchanged. Thus, for example during the studies for a "GREAT" degree at a traditional English university artistic subjects dominate and by acquiring a basic degree any social position can be fulfilled. What kind of activities did lawyers in the 16th century deal with? They gave advice to monarchs, in towns or more rarely private individuals on legal matters. Thus political power relied on them. Lawyers had an important role in the organisation of public administration. As notaries they were responsible for certificate-writing all over Europe. Here we can see traces of the later legal counsellor and public administration activity. As a new task they took part in the establishment of a legal background to international trade.
In the developed countries of the continent (France, England, the Netherlands) a legally educated intelligentsia emerged. This group became a recognised level of the civil society. The primary role of institutions established in the 18th century was to train excellent professionals who are also loyal to the state power. There was a scientific base given to legal education. At the same time the legal activity itself was also specialised. As a direct result, professionalism started to dominate. This professionalism and the importance of education can best be illustrated by the fact that in order to fulfil some offices a legal degree was required. This demand arose first of all in official position at the town halls and at the ecclesiastic courts. As the demand for educated lawyers in Europe did not decrease in the first centuries of the early modern times either, this fact resulted in the abundance and prevalence of legal education. Gradually a public administration built on professionals was created. In this period legal education developed because of the development of public administration. There were significant changes in the administration of justice. In the high courts professionals with a legal degree and a title appeared. This seriously altered the traditions of the feudal society.
- 175/176 -
Modern legal professions were established between the middle of the 18th and the beginning of the 19th century. The feudal system was replaced by the enlightened state. The importance of professionalism can be seen in the examination requirements in order to fulfil official positions. In case of free legal careers aptitude and professional knowledge were decisive. However, legal education was not unified anymore. The emphasis in education switched from canon law to civil law and its application. Since the 19th century, in the development of law - especially private law - state legislature played an important role. The increase of the role of legislature was logical as the ideology of a rational social system belonged to the concepts of the Enlightenment. Behind the attempt that citizens should learn all legislation from one law book also stood an enlightened ideology. The notion of codification gained significance in this period as a result of the above. Another characteristic feature of the 19th century was that the nation state and the concept of national culture started to spread and it influenced the nationalisation of the legal science. Legal education evolved in the same direction, so medieval unified European legal education was replaced by national legal education. This meant that the framework of the organisational structure of legal education differed from country to country: different prerequisites, syllabi, study period, non-convertible degrees. If we look at the Bologna process just recently launched- the goals are contrasting. The aim today is to create convergence in education in Europe and to ensure mobility between universities of the different countries. However, in the 19th century as an answer to the newly emerged social and economic problems new branches of law developed and a debate between nations started. These new areas were trade law, corporate law, copyright law, etc.
American legal education can be understood as a continuation of English legal education, however it has an educational structure not resembling any other type of legal education. It is because American higher education was created after the war of independence. Since the beginning it had two characteristic features: First of all it was democratic and enforced market relations. Following the BLACKSTONE traditions of the 18th century two educational strategies developed: One was the "southern" Jefferson-ian education, later refined by George Whyte. To quote Jefferson: "Where the press is free and every man able to read, all is safe". This strategy started at Virginia University and it served the education of professionals ensuring the establishment of the democratic state and loyal to the newly formed United States. The other, the northern strategy stands closer to the everyday practice of law and economics. The centre of this was at Harvard. Practical knowledge was dominant here, students were prepared for the legal practice at lectures. The two educational strategies - Whyte's public law education and Reeve and Van Snack's private law education - were united by Joseph Story in 1829. It is important to mention Christopher Columbus Langdell for introducing the case law approach to education. After WWI the United States became the central scene of scientific life and culture. This meant that the market approach became to dominate in higher education. In order to understand today's legal systems and forms of legal training, we have to get acquainted with the main features of today's legal jobs. What are the conditions for taking up a legal job in Hungary today? Regardless of the type of the legal profession, in Hungary there is general legal education at a university of law. After graduation, there comes to the selection of the particular legal profession. Practice has to be gained in the selected legal field and a special professional exam has to be taken. There is no mobility between the particular legal professions.
Judges play a central law in any legal state and can be considered as guardians of the law in effect. Actually, it is always the courts that decide what the law is. Whatever there is written in the law, one can only enforce one's rights if the judge interprets the law the same way as one does.This is mainly influenced by the fact to what extent judges are related to lawyers, the actors of political life and to legal scientists at the academy. We have to emphasize that the two main legal families - common law and continental law - have different judicial systems. In England and in America future judges are mostly selected from advocates (in America often legal scholars). In these systems the state dependence of judges is much lower than in continental systems.
The Hungarian judicial system bears resemblance to the German model. In Hungary judges are office-holders. Legal graduates get to the courts right after finish-
- 176/177 -
ing university where they work as drafters for a few years, have to take a judicial special exam and are assigned as judges. Internal division of work is organised according to specific fields. There are criminal, civil, military, economic, labour and administrative cases. Judges are appointed to a special field and they usually remain in them. So, those choosing a judicial career can expect further specialisation within their field.
Prosecution was the invention of the French revolution. However, it has to be noted that for the representation of state prosecution there was an organisation already in the 16th century n the Netherlands.
However, there is a legal system without prosecutors. This is the cases of England where it is lawyers who are assigned with the representation of the prosecution.
The state attorney's office in Hungary became an independent body after the political changes. Prosecution in Hungary has three major tasks in Hungary:
- In criminal cases represents popular action.
- Controls the investigation authorities (typically over the police), and investigates in a specific circle
- Practices general legal control over particular bodies.
The state attorney's office is an independent organisation in Hungary. Its head, the Attorney General is elected by Parliament and s/he is only responsible to the Parliament.
Lawyers in Western-Europe represent the most numerous group of law-related professionals.
In the countries of common law lawyers are very significant. The work of the lawyers considered the base of any legal work. Judges, prosecutors and public administration lawyers are selected from advocates. On the continent the profession of the lawyer cannot be considered as the base of all other legal professions at all. Mobility between the particular law-related jobs is much lower. Generally, lawyers choose their specification at the beginning of their career.
The profession of the lawyer has always been the most popular career in Hungary. There are two main types of the lawyers' activity: pleading cases in court and representation of legal cases outside court. Pleadings can concern criminal and civil law. In civil law cases the lawyer either represents the plaintiff or the defendant. A legal proceeding performed outside court is the drafting of contracts. In case of articles of association and contracts of sale it is obligatory to employ a lawyer to draft the contract or to countersign it. As a legal counsellor it can represent economic enterprises, can participate in liquidation of business organisations. S/he can represent private individuals or legal entities before authorities or public administration bodies. Lawyers are members of a chamber whose role is to exercise professional and ethical control over them and represents their rights.
A legal counsellor performs work similar to that of the lawyers. The legal counsellor, however, is not independent, but is an employee of a particular body or institution and works exclusively for this organisation. S/he performs his/her activity on the basis of a labour contract and not of a letter of appointment.
The notary on the one hand drafts contracts and attests and certifies the validity of certain documents and facts.
Lawyers mostly work at municipalities, however there are many lawyers employed in central public administration institutions such as in ministries. The work area is very wide as they deal with all areas that are connected to public administration. Among these are for example the authority and licensing cases, the communal sphere, public education, etc.
The main task of legal scholars at universities is to teach law. According to tradition, legal tutors in Hungary are primarily professors and only secondarily lawyers. Therefore it is not a common practice to select judges from professors, as it is often the case in the USA: In the US some legal scholars are practicing lawyers at the same time. However, in England, a country of common law there has been no relationship between legal education and legal practice so far. In Hungary many practicing lawyers teach at universities.
- 177/178 -
Since the unification in the Middle Ages we can experience gradual separation. Differences exist not only between the various countries but also between the various professions within a country. Looking at the legal profession, the civil support of the same legal profession, its tasks, its roles and its educational background are very different in the particular countries. At the same time we can observe another tendency. The European Court of Justice in the beginning of the nineties made it possible for lawyers of various nationalities and qualifications to open an office in other European Union countries. This can be the first step on the long way in order to achieve the unification of lawyers profession, the prosecution and the courts.In education the aim should be to keep the tradition and draft the unified educational model at the same time.
The two most typical forms of legal education on the continent are in France and in Germany. The most basic difference between the two is that while in Germany a so called "volljurist" is a lawyer having passed two state examinations and thus one able to perform any law-related job. In France on the contrary, we find separate branches of legal education according to legal professions, which system eliminates any possibility of mobility between the professions. Austrian, German and Italian higher education enables graduates to fulfil positions in any traditional field of law. Legal education in Hungary belongs to this group as well.
French higher education prepares the student not for the legal profession but offers part of students a necessary specialisation in the practice of classic legal professions. The study period is divided into three parts. Basic education lasts two years, and ends with obtaining a general higher education degree. That is followed by another two years of study. At the end of the first year students get a general legal degree. The second year ends with a special legal vocational certificate (Maitrise). The fifth last year is the year when students can increase their vocational qualification further. Therefore although in basic education various subjects can be read, within three years it is compulsory to pass examination. The subjects of the second period are connected to law: civil law, criminal law and public law. In the fourth years some fields can be studied within specialised education. For example the student can choose public law as a special field. The third phase concentrates either on practice or on disciplinary knowledge. It is a characteristic feature of this educational structure that after obtaining any kind of degree, having taken competitive examinations there is a possibility to fulfil positions in a non-legal field.
Educational methods
What dominate education are lectures, which basically means repetition and dictation. For examinations it is required to learn this text-type knowledge. Besides, educational methods include seminars including group work and the writing of essays. Traditional legal education is divided according to the specific fields of the legal profession. Mobility between them is impossible:
After taking competitive exams students can go on further.
Lawyer
Judge, prosecutor
Notary public
On this level the different legal professions are separated and students have to decide which special field s/he wants to choose. Training can go on according to this. Lawyer training lasts 18 months, including theoretical courses and practice in law firms, at courts and in public administration. Having passed the examination graduates can start their apprenticeship by a lawyer. After two-years of practical training one is allowed to practice law. Future prosecutors and judges enter the College of Judges on Bourdeaux. A two-year study period follows. This is divided into a 7-month theoretical study, a 12-month practical study and an apprenticeship of four months beside a judge or prosecutor. A state examination is required to be taken annually and the course ends with the final classification examination.
We cannot talk about a unified system in the German legal education because it is not only universities that have a strong concept on legal education and independence but the particular German states also have their own educational policies. German legal education is determined primarily by laws regulating legal education in general and secondarily by the autonomous university curricula.
German legal education is real vocational training!.
It is so true that border sciences such as legal sociology, legal philosophy also appear only as optional subjects. Professional legal knowledge is preferred. The aim of German legal education is to deliver scientific professional knowledge. The study period is three or four years. The methods and structure of education are mixed. Besides lectures there
- 178/179 -
are courses and seminars, traineeships, professional discourses, practical exercise, exam preparatory lessons, common exercises preparing for the final thesis. After theoretical lessons the different courses help students understand correlations according to individual written assignments by the student. The method is discourse-oriented. At seminars special scientific questions are discussed according to oral presentations, while professional discussions involve the further discussion of professional topics. Legal studies are finished with two state examinations. At the first state examination students are required to report on theoretical knowledge. Having taken the first exam, students take part in practical training where they get an insight in the practice of the legal profession. This phase also helps prepare for the final thesis.
There are written and oral examinations divided into different phases. The written exam always includes a practical or a theoretical question to be answered in form of an essay. On a positive evaluation of this exam an oral exam is taken.
The study period comprises of different phases. The subjects of the first phase are Roman private law, economic law, criminal law, criminal proceedings law. The subjects of the second phase are civil law, civil proceedings law, international private law, labour and social law, public administration and state law studies, which form a separate block comprising of lectures, seminars and practice. In the third phase synthesising legal philosophy is a compulsory subject. Optional subjects can include areas of public administration and European integration, but the legal material on civil and judiciary law and economy is also significant as well as optional subjects from the field of social law.
Legal students having finished their higher education studies can pursue further studies while in practice. After the first state examination students do not yet specialise according to the particular legal professions.
On the contrary, students spend an equal amount of time in institutions embodying traditional legal careers such as the courts, the prosecutor's office, in law firms and in public administration.
Then the second state examination is taken, which emphasises practical knowledge. Students are given situations and the legal skills connected with it are assessed. Requirements are based primarily on the legal material of the civil and criminal law and public administration knowledge. Only after the second state examination can students apply for jobs in the traditional legal professions.
The second state exam entitles students to select any traditional legal profession. Within continental legal education we can state that the German legal education concentrates more on legal cases and is primarily discussion-oriented. In French and Italian education there is a unilateral relationship between tutor and student. It is not case-oriented.
The two typical educational systems of the common law countries can be found in England and in the USA. What is common between them is the AngloSaxon law, the precedence law as the source of law. The other common feature is that the educational institutions for a long time were entirely and nowadays almost exclusively in the hands of practical organisations. The most important difference between them is that in England higher education institutions - for several decades quite sharply - have been separated from practical training institutions.
However, in the USA it is only higher education institutions controlled by the praxis that are institutions of legal education.
As it was said earlier, in the countries of the "common law" the legal profession forms the base for all other legal professions. English lawyers are divided into two groups: there are barristers and solicitors (those in service of the City and the people respectively). Legal education is based on a three-year basic education program on undergraduate level. Entrance to higher education is enabled on the results during this program. The undergraduate program must include the study of the following topics: criminal law, civil law, public administration law, European law. Professional training is followed after this.
Therefore real professional training starts only after the undergraduate studies. Students can specialize to be Solicitors (Legal Practice Course LPC) and Barristers (Bar Vocational Course BVC). Professional education focuses on the acquiring of practical skills. Most important topics are legal practice and financial issues. Solicitors are employed at business entities, where they work for two years in order to obtain practical experience in a financial area. Future barristers have to obtain training at courts. After the studies they have top get a "call to the Bar", an invitation by the legal association and they need to take entrance examinations. In the so called Inns of Court according to tradition members have to attend a certain number of dinners and study for a further obligatory year in a tutorial system. At this point the trainee can conduct lawsuits before courts, however his/her activity is controlled by an experienced lawyer. According to the above we can see the major differences between the
- 179/180 -
educational structures of the English and the continental system. In basic education the main methods are lectures and seminars. Vocational education is very practice-oriented. This applies both to LPC and BVC training. The main methodological means used are conversation and simulation.
Naturally, the development of the training cannot be separated from the legal system itself. It was the system of "common law" - where judges create and improve the law with their rulings in the different disputes - which brought about a practice-oriented discourse-based type of education. How did the accession to the European Union affect the legal education in England? The European Union affected the English legal education. European law became part of the basic syllabus. The influence of the City is just as great. In education there is primary focus on international trade, whereas the influence of the European Union can be considered local compared to the big international systems, the trends of international markets. It is important to note that the non-professional legal education is gaining more and more importance. Those choosing a non-legal career have demand for acquiring special legal knowledge. These can be international human rights, economic law, trade law etc.
The legal system of the United States has its origin in the English "common law". There are many similarities between the two. This similarity is present in legal education as well. Legal education, just as it is the case in England, starts with an undergraduate program. Students acquire general knowledge including knowledge about different social and economic institutions or basics in the field of human sciences.
An important difference from the English system is that the undergraduate program does not include studies of statutory law. Similarly to the English model, in order to enter the legal education system the student has to finish the undergraduate program. Then, based on the results of the final examination and that of the enrolment test s/he can go on to start further studies. The entrance requirements show wide strata in the different institutions. There are big differences between the particular faculties of law, which is mostly reflected in the practical activity. The prestige of the different faculties is determined by the law firms and the financial institutions which employ their graduates. Therefore the quality of an educational institution is determined by the market conditions. In the first year student study civil procedure, legal process, contract law, property law, liability law, criminal law, constitutional law and public administration law. At the same time practical studies appear, including pleadings, drafting documents and legal texts. In the second and third year student can take up special legal subjects. If we compare this training with the German model where the border sciences occur only on the periphery, in the form of optional subjects, the American system provides students with a deeper study of the special fields connected to law. These include the study of the relationship between law and social processes as well as the study of special law-related areas (e.g. medical law).
Most law schools extended their syllabi with subjects such as law and economics, legal basics of the relationship between society and politics, history of law, philosophy of law. The most significant difference of the American model in comparison to all above mentioned legal education forms is that students have the possibility to get a degree including law and another science. Such combined degrees can be: law and journalism, law and economics, law and world politics. Outside the USA it is only within the framework of non-professional legal education that students can go on with their studies in such fields.
The educational method was worked out by Christopher Columbus Langdell. Langdell said that legal cases were the working tools for a lawyer and libraries were such places for lawyers as laboratories for a chemist or a physicist, or a museum for a historian, or a garden for a botanic. The main point of the method is the analysis of the legal cases based on collection of legal cases. Through these analyses the student learns what the expected rulings can be and how these rulings can be influenced. The method is built up the following way. The tutor assigns a material for reading. The tutor then asks questions in connection with the assignment. The students summarize the case, the arguments and counterarguments of the parties, the judge's ruling and the legal base for it. The tutor and the students "act out" the case based on the tutor's hypothetical questions that makes students defend their opinion against the teacher. Finally they rule in the case.
We can see that this is a simulation method. A similar entrance examination, including the analysis of hypothetical cases and their solution as well as the presentation and interpretation of the legal material and statutes as background to the cases, is required if someone intends to apply for membership in the bar.
The question arises, whether it is necessary to have a legal education spanning over legal systems. The
- 180/181 -
question whether out of the two major legal systems it is common law or continental law that is better cannot be answered. Both have developed during centuries as a result of constantly changing social processes. Therefore, both are the ideal legal systems of that society and economy where they are customary. However, apart from its internal legal system each state has to adjust to the international legal system as well. This can be a starting point.
Globalisation is a determinant factor of our lives nowadays. It is highly probable that due to the fact that globalization is gaining more and more ground , the future lies in a legal education exceeding cultures. A form of legal education that includes several legal systems might be a starting point for a new type of training altogether.
In 2005 the structure of higher education in Hungary changed completely. This change meant the elimination of a centuries-long traditional system. As a result, it took a long time until the new law on higher education could get through Parliament. The opponents of the reforms turned to the Constitutional Court several times, the Government was forced to introduce modifications and alterations. There was even a version of the act on higher education that was refused due to constitutional challenges. The credit system had been introduced in higher education before the passing of the act. This was a preparatory step for the new system. Why there was strong aversion to the introduction of the new system was probably the fact that the new system is based on the Anglo-Saxon double-cycle type of a system. The notion of credit had been completely unknown in Hungary before as well as the recognition of subjects and mobility between faculties and universities.
Higher education had been characterised by a great degree of determinism. Students with a secondary school-leaving exam had taken entrance examination in the particular higher education institutes. This had a centrally standardized written part, while the oral part was organised by the institution itself. Some degrees could be obtained only in a college (3 or 4 years), some in a university program (minimum 5 years). The syllabus and the examination requirements had been fixed and rigid. The reports and examination to be taken during the term had been stipulated and after a certain number of repeated exams the student had to repeat the whole term.
The certificate could be obtained only after participating in a given study period, after passing all exams and the final state examination and after writing the final thesis. If one interrupted one's studies before the end of the study period, all results accumulated until that point were lost. If one wanted to go on to university with a college degree, one had to start one's studies from the very beginning and moreover, had to take entrance exams at the university. It was only in case of a few subjects that one could obtain a university degree in a special three-year study program. The notion of recognized credits and examinations were also unknown notions. There were only 40, so called higher education vocational training courses that were exceptional in this respect. These were basically post-secondary programs. Although the tendency was backed on governmental level, the programs did not become so popular as it had been hoped. Generally we can say that the whole system of education - not only higher education - lacked the notion of competency-based knowledge. What was the background to the introduction of the new law on higher education?
- The occurrence of the notion "knowledge-based society"
On their meeting in Lisbon the representatives of the European Union came to the conclusion that Europe was facing significant challenges in the area of competitiveness. Therefore they envisaged the establishment of "knowledge-based society", which brought along the improvement of the educational system as well.
- The Bologna meeting
Following the above decision the EU member countries accepted the idea of the European Space for higher education at the Bologna meeting. This space includes the European economy, research and education as well. It is important to note that according to the European Union, education is part of national sovereignty; therefore there are no EU directives in this regard. The co-operation involves common goals, tasks, common thinking rather than orders to be executed.
- The Hungarian UNIVERSITAS program
In Hungary the number of students in higher education started to increase rapidly. This figure almost reaches the European Union 50% ratio of further studies among young students. However, as a negative consequence, the phenomenon of unemployed graduates appeared in the Hungarian job market. The negative labour market situation and as an impact of the Bologna agreement the Hungarian UNIVES-RITAS program was launched. The most important goals are the improvement of competitiveness, the increase of the quality and effectiveness of education
- 181/182 -
and the establishment of a market-based financing system. One of the most important elements of the UNIVERSITAS program is the already issued act on higher education.
The new structure of higher education is based on an Anglo-Saxon model. The entrance to higher education is a bachelor program or a "higher vocational training course" equal to a post-secondary course. These two types of trainings exist as alternatives of each other, or students can finish both types. The bachelor program can be followed by a master/ magister and finally a PhD course. What is traditional in the Anglo-Saxon system and a complete novelty in Hungarian higher education is the fact that students can step out at any level and start work with the degree obtained until that point.
This complies with the logic of lifelong learning that is the recognition of previous studies is possible. We have to add that the recognition of formal, non-formal and informal studies is backed by the European Union.
The new act on higher education left some educational structures unchanged. Students participate in an undivided uni-cycle program in several programs including medical, pharmaceutical and veterinary studies, dentistry, law, architecture and some arts programmes. As it can be seen form the above the legal profession belongs to the uni-cycle group, meaning that a legal degree can be obtained in a five-year university-level study program. The interruption of studies at any point during the five years brings along the loss of the degree and there is no possibility for specialisation within the program.
As there has been mass education in legal education in Hungary for years unemployment among lawyers is already a fact. As a result the employment areas start to shift from the traditional legal professions (lawyer, judge, prosecutor, notary public) to public administration and economy. The new bachelor courses - in the field of legal administration - introduced in the new act on higher education were based on a real market demand.
Giddens, Anthony: Szociológia. Osiris, Budapest 2000
Falusné Szikra Katalin: Munkanélküliség és diplomás túltermelés. Közgazdasági Szemle 2001. november
Csizmadia Andor: A magyar közigazgatás története. Budapest 1978
Kiss Melinda Katalin: Ugródeszka vagy végcél? Népszabadság 2005. május 26.
Filó Erika: "30 éves" a jogi továbbképzés Pécsett. Jura 2004. 1. sz.
Nagy Zsolt: Az angolszász jogi oktatás fejlődésének "önálló" útja az Egyesült Államokban. Jogelméleti Szemle 2002./2.
Czine Ágnes - Erbert, Donat: A bírósági ügyintéző intézménye Németországban és Magyarországon. Magyar Jog 2002. október
Nagy Zsolt: A magyar jogi oktatás történeti vázlata. Jogelméleti Szemle 2002/2.
Pekár Tamás: Jogi asszisztensek az Európai Unióban. Jogelméleti Szemle 2003/1.
Visegrádi Antal: Jogi alaptan. Pécs 1996
Peter Gilles: A polgári eljárásjog oktatása a 21. század elején, avagy megjegyzések a jogászképzés 2003. évi németországi reformjához. Jura 2004. 1. sz.
Dr. Veres Pál: Felsőoktatási fejlesztési stratégia. Szakképzési Szemle 2004. 2. sz.
Kispéter József - Drahos Péter - Dombóvári Tamás: A felsőfokú szakképzés minőségírányítási és minőségfejlesztési modellje. 1. sz.
P. Szabó Béla: Jogászság és jogászképzés. Magyar Jog 2002. október
Nagy Zsolt: A jogi oktatás fejlődése és aktuális kérdései PHD értekezés. Szegedi Egyetem 2005 ( Internet) ■
Lábjegyzetek:
[1] A szerző ügyvezető, ALBASTART KHT.
[2] A szerző igazgató, Péter Rózsa Gimnázium és Szakközépiskola.
Visszaugrás
