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

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

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

upon the course.

Possible Solutions

Wherein lies the solution?

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.

118