The Gazette 1971

Diploma in European Law was inaugurated with lecturers each competent in his own field, and, of course, a continental lecturer for the comparative law subjects. The Diploma was thrown open to all lawyers, whether or not they held University Degrees. The courses of study are French and German private law, French and German Administrative law (which is essential for an understanding of the Administrative law jurisdiction of the Court of Justice of the EEC), private international law, and, of course, the law of the Common Market and of European legal institu- tions generally. Two hours per week are devoted to the latter, six hours per week to comparative law and two hours per week to private international law. Some tuition is also provided in French and German legal terminology. A language test is mandatory upon enter- ing for the course, to be followed ultimately in the Diploma examination by a searching paper translating either French or German judgments of the Superior Courts (both in the fields of "common law" and of Administrative law). At the same time, a course in comparative law was made available, though not compulsory, for B.C-L. students. It was poorly attended. Now comparative law is a compulsory course for senior B.C.L. students, alter- native to Politics. EEC law is not on the B-G.L. course. By the way, whatever can have happened to the course on the conflict of laws which used to be com- pulsory for final year T.C.D. Honors students?. The works of Cheshire, Morrison, Graveson, Wortley, Baxter, Dicey et al. are essential reading for the U.G.D. Dip- loma course. One wonders whether the Trinity student is even aware of them now? U.C .D. Diploma Record Let us pause to consider the U.C.D- Diploma record in its first few years. In 1968/69, 26 students registered for the course: (more attended at its commencement but failed to register). For the Summer 1969 Diploma examination, 6 students entered, 5 were absent and 1 passed. In the Autumn 1969 Diploma examination 13 students enter- ed, 4 were absent, 2 failed and 7 passed (two with Distinction). In 1969/70, 7 students registered, 5 were given per- mission to reattend (and some others may have re- attended without permission). An examination was held in the Autumn (1970) only, for which 11 students enter- ed, 2 were absent, 5 failed and 4 passed (none with Distinction). During the current (1970/71) Session, 11 students registered for the course. It is not certain if all of these will sit for t he examination in the Autumn. (The writer is indebted to Miss Anne Kelliher, Secretary of the U.C.D. Faculty of Law, for this information). Is this a case of great beginnings having poor endings or is there some intrinsic failure in the design of the cur- riculum or is there a more fundamental reason for the relatively large entry in the first year, progressively sub- siding over the following two years, and the deplorable wastage in intelligent material by way of drop-outs? The writer is firmly of opinion that nothing is the matter with the course. Far from setting sights too high, they should perhaps be even higher. By way of hypo- thesis only, one is tempted to suggest that, the course being open to non-Graduates, the lack of a background of Roman law has something to do with the problem. More realistically, however, when one realises that all the lectures are given in the evenings—sometimes three hours per evening—and that most of the students

are either busy practitioners or diligent civil servants during the day, one perceives at once the essence of the problem. There is simply no time to read during term time; the relevant textbooks are among the most costly law textbooks there are and library facilities are inevitably limited. There results a mad dash—which should not take place at graduate level (nor indeed, one piously may add, at undergraduate level)—to cram for the exam at the last moment. Many simply, and understandably, have chickened out. The appalling re- sults have obviously deterred others from embarking Firstly, it will be common knowledge that U.C.D. has introduced an LL.M. Degree (minimum period of study : two years) which may be taken either by exam- ination and research essay, or by thesis alone, the stud- ent first having completed one year's course of seminars A wide choice of subjects lies at the discretion of the student, (comparative law being amongst the choice). This could be extended to a specialised Degree in comparative law and the law of the EEC— a full time, two year course (at minimum). Secondly, it is obviously desirable that there should be co-ordination between the two Universities and the professional Law Schools—as advocated by our Com- mission on Higher Education. It has been mooted for some time past that an Institute for Higher Legal Studies is desirable in this country. Senator Professor Mary Bourke Robinson has been gracious enough to permit the writer to quote her as being in full agreement with him that the course of study of EEC law in Trinity at present is hopelessly in- adequate and that the only solution lies in full time study at post-graduate level. If a young physician aspires to become a consultant in some branch of his profession, he cannot hope to qualify as such before taking further searching examinations at post-graduate level and before reaching the age of about thirty. The same must of necessity apply to the theory and practice of comparative and Common Market law. If our lawyers are to be equipped as the President of our Society and the Minister for Justice would desire, the same must apply to both branches of the legal profession. Obviously, therefore, the writer advocates a College of Comparative and Common Market law with courses leading to a Diploma (Degree, call it what you will) which would equip its recipient to act in consultative capacity throughout the EEC as an authority in those fields of law. Is this too idealistic? If so, we Irish lawyers must be resigned to losing what will be a grow- ing and very remuneratice slice of new law practice to the Common Market legal experts from abroad. Coke's advice to law students was expressed in the distich, "Six hours in sleep, in law's grave study six, Four spend in prayer, the rest on Nature fix". Though written in the 17th century, that still holds good for the law student who wishes to qualify in his profession. It is simply impossible at this point in time (with 1984 nearly upon us) for the law student to master not only our indigenous law but also that of at least one European country, as well as the law of the EEC, in the time allotted for his undergraduate studies. upon the course. Possible Solutions Wherein lies the solution?

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