Sitnik, A.A. The higher legal education in Germany in the conditions of transfer to the Bologna system (an example of the Potsdam University)

Abstract: The Federal Republic of Germany is an active participant of the European integration, which has influenced the most important social and cultural spheres of the social lives of the European states. The education (including legal education) is not excluded from it, and it undergoes significant changes due to the introduction of the Bologna system, providing for the two levels of higher education (Bachelor’s and Master’s programs). At the same time the Bologna system faces criticism, due to the changes in the education standards and lowering of the requirements to the students. It is especially topical in respect to the German higher legal education system, which has lasted for centuries. The study of the experience of the Federal Republic of Germany shows that the government of this state has managed to find the way to combine the national «state exam» system with the Bologna system. The reception of the positive German experience is quite topical and interesting for Russia, which previously somewhat unnecessarily departed from its legal education system in favor of the two-level Bologna system. The study has also shown that many principles and provisions of the Bologna system are incorrectly applied in Russia. While writing this article the author based his studies upon the comparative method, the method of vivid cognition, linguistic method, general logical methods (such as analysis, synthesis, deduction, induction, etc.). The scientific novelty is due to the conclusions and criticism based upon the above-mentioned comparative analysis, which are as follows: 1) It is undoubted, that the positive feature of the German higher legal education model is parallel use of old and new systems, allowing to keep the best elements of the State Exam system, while bringing in the positive elements of the Bologna system. It allows the future lawyer to choose and makes the system of higher legal education in Germany more flexible in comparison with the Russian system. Also, keeping the old system allowed to avoid a number of problems, which Russia had to face when transferring to the Bologna system. 2) It is necessary to fill the gaps in the Russian legislation by providing in the Federal Laws « On the Status of Judges in the Russian Federation», «On Advocacy and Advocate Activities in the Russian Federation», «On Auditing», etc. the provisions under which the only persons entitled to special types of legal activities should be the persons having Master’s degrees (possibly, it is reasonable to require that the judges should also have a scientific degree (PhD). 3) the system of points used in the Bologna higher education system is not exactly about grades, rather it is an instrument for planning the workload of students for certain periods of time. Evaluation of quality of students’ work is given from 1 to 5 points. 4. The study modules in Master’s and Bachelor’s programs are not formed within a certain discipline (that is, not by grouping certain topics together), rather several courses are joined within the modules. 5. In Germany it is the special group of correctors and not the lecturers, who evaluate control works of students. 6. The Bologna system does not necessarily require an obligatory enlargement of an amount of practical work, on the opposite, the lectures remain the main element of teaching. 7. One of the obligatory conditions for successful completion of the Bachelor’s Program is writing and presenting a Bachelor’s thesis, which is only 30–50 pages long. 8. The Bologna system of education facilitates harmonization of the education standards of some European states, rather than improving the professional qualities of the graduate lawyers. 9. The tendency to favor the development of practical skills over the theoretical basis is typical for the Western European education system, and its evaluation is ambivalent. Its positive elements include the fact that the students leave the higher education institutions having a certain «baggage» of knowledge on how to deal with certain types of practical problems. On the other hand, the negative aspect of such education is that the student may have considerable difficulties facing the problems, which they did not deal with in the course of their education (it mostly concerns the First Legal Exam). 10. The referendariat practice which is widely used in Germany deserves positive evaluation. This system allows the students go an experience in various spheres of legal activities, which as a positive impact on their professional skills. At the same time, an obligatory practice has little regard for the wishes of a lawyer himself concerning his future sphere of interests, and it also lengthens the process of education of the future professionals.

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