Juristica International

Such an accreditation decision “accredits” the establishment provisionally for two years as from the date of the decision. After the elapse of the two-year period, the committee of experts decides if the shortcomings have been remedied and makes their proposal to the Council for Evaluation of Higher Education for adoption of a new decision. It is important to emphasise that once an establishment has been conditionally accredited, it cannot receive conditional accreditation for the second time – it can just become “accredited” or “nonaccredited”;

If a curriculum receives a negative accreditation decision the first time, the university may request a second accreditation one year after the decision. If a new accreditation is not requested within three years of the negative accreditation decision, the Minister of Education may, by his resolution, stop admission of students into a study domain or close it. The latter measures are taken if the university receives a negative accreditation decision for the second time in a row. Should this be the case, the students may continue their studies in another study domain of the same university or in the same domain but in another university. If more than one-third of the curricula of a university are nonaccredited, the training license shall be revoked and the activities of the university shall be terminated.

It is important to mention that under the Universities Act (§ 13(2)), the state does not recognise the documents proving acquisition of higher education if issued after the date when the training license of the issuer in respect of the related curriculum was revoked by the Minister of Education due to the negative accreditation decision on that curriculum.

Estonia started to accredit the curricula of law in the spring semester of 1996. The Faculty of Law of the University of Tartu prepared a report on self-analysis and presented it on deadline (31 May 1996). *4 As far as we know, the reports on self-analysis were filed by two private higher educational establishments: The International University of Social Sciences LEX and Estonian-American Business College. *5 Unfortunately, no further steps followed the presentation of self-analysis reports for more than eighteen months.

Accreditation activities were continued in October and November 1997. Unfortunately, the preparations for the accreditation of law curricula did not occur quite without excesses. Problems were encountered with staffing the evaluation committee with competent people as well as with timely notification of higher educational establishments about the visit of the evaluating committee and in the overall preparation and conduction of the process *6 . Due to substantial omissions in the preparation of accreditation, higher educational establishments were not visited and the evaluation committee was later staffed only with foreign experts.

The third attempt for accreditation of the curricula of law occurred in the spring semester of 1998. The list of law curricula of establishments to be accredited in 1998 contained the curricula of the following higher educational establishments:

We should stress that this time the Faculty of Law of the University of Tartu was allowed to present a revised and amended version of the self-analysis report concerning the curricula of law. *7

Here it is worth mentioning that between 15 and 22 April 1998 the European Council held a seminar on legal education with experts – both and scientists and practitioners – from Belgium, Netherlands, Poland and Germany at the Yerevan State University. From Estonia, Professor R. Narits was invited whose task was to give an overview of the experience of the Faculty of Law of the University of Tartu in reforming academic legal education. Information given by him raised so much interest at the seminar that two whole seminar days were dedicated to this topic. The discussions confirmed that the principles for reforming the curricula have been correctly chosen and were recognised by the experts of the European Council. A representative of the Council, A. van Kari, took with him the above-mentioned self-analysis report and it is now available outside Estonia too.

Between 21 and 22 April 1998 the University of Tartu was visited by the accreditation committee of experts composed of Prof. Dr Wilhelm Brauneder (Austria), Head of Committee; Prof. Dr Raymond Legeais (France), member of Committee; Prof. Dr Hans Lilie (Germany), member of Committee; Prof. Dr Viktoras Justickis, member of Committee (Lithuania).

The Committee evaluated the curricula of law of the University of Tartu: Bachelor’s degree - 6380101, Master’s degree - 7380101 and Doctor’s degree - 8380101.

As far as we know, the Committee was on 23 April at the Tallinn Baccalaureate Private College where they evaluated the curriculum of economic law for studies for diploma – 5380102. In their Estonian version of the self-analysis report, the Tallinn Baccalaureate Private College had presented the curriculum of law for Bachelor’s degree for evaluation, however, it was not evaluated by the Committee.

On 24 April, the Committee was at the Institute of Law where they evaluated the curriculum of law for Bachelor’s degree - 6380101.

The meeting of the Council for Evaluation of Higher Education which adopted decisions on curricula of law occurred on 18 June 1998. *8 The decision of the Council was ratified by Orders no. 152 of the Minister of Education on 30 June 1998:

Unfortunately, the scope of this article only permits the presentation of the final result of the accreditation process in the form of the text of the Orders of the Minister of Education and not the publication of the full text of the experts (the evaluation in the form of answers to concrete questions and final conclusions cover 15 pages as far as the University of Tartu is concerned). The evaluation of the committee of experts regarding the curricula of the Faculty of Law of the University of Tartu is available from the secretary of the Council of the Faculty. Hopefully it will be soon made available on the home page of the Faculty.

Below we will give the main standpoints and facts of the self-analysis report which formed the basis of the now-accredited curricula of the Faculty of Law of the University of Tartu. Under the Universities Act, the Council for Evaluation of Higher Education accredits universities and their curricula at least once in seven years. Thus, the materials published below form an important source for subsequent accreditations. The factual material of this self-analysis report is true as of the spring semester of 1998 (some of the data are more recent than that).

1. Mission and Trends of Development of Legal Education. Structure of Faculty

The main tasks of the Faculty of Law of the University of Tartu in academic legal education and science are influenced by the following circumstances: the Faculty has operated and trained lawyers since the foundation of the University of Tartu as a classical universitas. Its nature, structure and orientation must meet the criteria of a faculty with the traditions of a classical university. The Faculty of Law, having in Estonia a substantial potential in legal science must guide the development of the theoretical bases of the legal system of an independent small country, which Estonia is, and participate in legal drafting, taking into account the European Community Law and the best experience of foreign legislative drafting. The Faculty must also actively oversee the continuing studies of jurists in view of the changes that have occurred in Estonian society and legal system, especially those changes arising out of European Community law.

In former development plans the main emphasis has been to develop the Faculty with the following aims: preservation of the University’s leading role in preparation of lawyers with an academic education; further development of the centre of legal education which has historically formed in Tartu, which would be able to train lawyers according to the requirements of today’s legal environment.

It is important to provide the option of acquiring a higher education in law via an Open University, utilising state resources and other funds; and to concentrate the system so as to provide ongoing study courses for lawyers coming into Tartu.

The Faculty of Law, being a faculty within a classical university, must:

In order to fulfil those tasks, the Faculty attaches special importance to the furthering and strengthening of a three-step degree education; ensuring of Master’s and Doctoral studies, publication of textbooks and manuals, involvement of students in research work and legislative drafting, development of special programs for teaching students of other faculties, continuous improvement of the qualifications of the academic staff and the preparation of new instructors.

Currently one of the most important tasks of the Faculty of Law of the University of Tartu is to contribute to Estonia’s accession to the European Union. In planning its activities, the Faculty proceeds from the principle that European Community law does not replace domestic law but functions via the legal system of a Member State, taking into account the specific nature of this system. In their studies and in the development of disciplines, the academic staff of the Faculty have paid attention to comparative methods and, thus, the aspects in connection with the European Union must be treated as a natural and organic development of the ongoing research and teaching work and not as something transitory conditioned by current political needs.

The actual and planned activities can be classified in four groups:

Estonia’s restoration of independence conditioned the need for developing its own legal system. In reality, the reformation of branches of law started even before the declaration of independence, especially as far as such areas as civil and commercial law, labour law, criminal law, etc. were concerned. The development plans of many branches were prepared by the leading professors of the Faculty, becoming the basis on which the Ministry of Justice started reforming the given branch.

A majority of the academic staff has participated and are participating in drafting the laws of their speciality, acting as leaders or members of respective work groups. The contribution of the academic staff of the Faculty of Law of the University of Tartu to the development of Estonia’s legal system and in the reformation of various branches of law has been remarkable (See Annex 3). Legislative drafting activities must go on as the laws elaborated in 1991–1996 are primarily “transition” laws. Currently, the main goal is to develop amended and complemented stable laws in view of Estonia’s integration into Europe.

The Faculty of Law believes that its mission is not just providing degree studies for students but also in participating in shaping the Estonian legal system and in the organisation of continuing studies.

In the academic year 1992/1993, as the result of a principal restructuring of the Faculty, a system of departments was formed which is in the main still in effect today.

INSTITUTE OF PUBLIC LAW

By the resolution of the Board of the Faculty of 11 March 1998, the Department of International Law and European Community Law was opened.

INSTITUTE OF PRIVATE LAW

2. Students

2.1. Admission

The admission of students has fluctuated rather a lot in the past few years. At the beginning of the 1990s, in response to the growing needs of a society orienting towards market economy for lawyers, the Faculty considerably increased the number of admissions. However, the academic staff could not be increased in the same proportion to ensure optimum number of students per instructor. Due to this and because it was necessary to pay more attention to the development of Master’s and Doctoral studies, the Faculty has considerably reduced the number of students admitted towards the end of the 1990s (see: Table 2.1).

The number of applications has continually outnumbered the number of admissions several times. Since 1997, the Faculty has applied only the results of final government examinations to admissions and thus, already when writing an application, it is possible to tell whether the applicant is or is not likely to be admitted. Nevertheless, there have been more than seven applicants per position. Only those candidates who had 90% of the total points from government final examinations were admitted. All places in full-time courses of study are financed from the state budget.

Table 2.1

Admissions and applications per position for the full-time course of study and the graduates of the Faculty of Law

Students are admitted to the Faculty of Law on the basis of admission lists, which are prepared separately for each academic year and ratified by the Council of the University of Tartu. The Faculty of Law has experimented with various systems of admission tests. Oral examinations have been waived because they bring along the danger that the examiner’s approach may be overly subjective. Essay and foreign language tests have always been used. Additional systems used have been the mean grade of the applicant’s secondary school transcript, a test of intellectual abilities and a written examination in history. The mean grade value of secondary school transcripts has always correlated with the student’s academic proficiency in the University, but as the grading standards of secondary schools vary substantially, the University of Tartu has given up using the mean grade system in order to avoid discrimination of students who come from secondary schools that use a stricter grading scale. The experiment with the results of the intellectual ability test was successful but in the past years the Board of the Faculty of Law has decided only to use the examination in history with the essay and foreign language test. Since 1997, admission occurs solely on the basis of the government final examinations (essay, history, foreign language) taken upon graduation from secondary school (gymnasium).

As of the spring semester of 1998, the Faculty had 21.6 students for one filled position in the academic staff. A greater number of students would stand in way of individual work done with the students.

2.2. General Characterisation of Admitted Students

Table 2.2 shows that between 1994 and 1997 the percentage of female students increased considerably. The percentage of female students was especially great amongst the intake (66 per cent) in 1997; in 1998, however, this figure stabilised. This can obviously put down to the system of admission in which humanities have been dominant as well as to the fact that in 1997 and 1998 the results of government final examinations were used (apparently male applicants have had greater difficulties in preparing for examinations in humanities). The only exception in this trend was 1994 when the results of the intellectual ability test were used for admission purposes (by taking the test those candidates for whom long-term preparation for an examination was not a strong point could demonstrate their ableness). The people admitted are predominantly between 17 and 19 years of age but every year there are also some of 21 years of age or older. The percentage of 18-year-olds was substantially greater (81 per cent) amongst the students admitted in 1997. This can also be explained by the introduction of the government final examinations system (those who had finished secondary school before 1997 had the option of taking the government final examinations in 1997, however, this option was not used very much).

Table 2.2

Composition of admitted students by sex and age (%)

A majority of admitted students come from larger cities and towns: from Tallinn and Tartu respectively 34.1% and 24.1%. The amount admitted from Northeast Estonia is alarmingly low - just 2.6 %.

As in past years, competition to enter the Faculty of Law has been consistently strong; it has been possible to select a harmoniously strong body of students who have not needed introduction through special foundation courses. The only great fluctuation has been in the level of knowledge of foreign languages. In this view, the groups of foreign language classes have in the Bachelor’s studies been formed on the basis of the results of the foreign language test taken at entry (a government final examination in 1997 an 1998).

The condition precedent for admission to Master’s and Doctor’s degree is the holding of respectively a Bachelor’s or Doctor’s degree. Admission to Master’s and Doctor’s studies occurs on the basis of an individual grading process. The main criteria of eligibility are the academic proficiency during Bachelor’s studies and the research work completed during the Bachelor’s studies. Under current practices, the Faculty of Law has admitted candidates to Master’s studies who already have an established contact with the future supervisor. A formal indicator here is the consent of the supervisor-to-be to supervise. The Council of the Faculty of Law decides admission to Master’s and Doctor’s studies.

Competition for Master’s degree courses has shown a continuous upward trend (1997 – 2.9; 1998 – 4.0 candidates per one vacancy). Competition for Doctorate level was 1.7 candidates per one vacancy in 1996. As the best graduates have applied for the Master’s and Doctor’s studies, their level has been good, as could be expected. Mostly applicants have graduated cum laude and with very good and excellent grades.

To date, foreign students have been admitted only to Bachelor’s studies (one or two semesters or the whole curriculum). Before they are admitted, foreign students have to take a test in Estonian, if they fail they can, if they wish, undergo a language learning program in the languages centre of the University of Tartu, lasting for one or two semesters. After they resit the Estonian test, they can reapply for admission. The Faculty decides upon the admission of foreign students. In the academic year 1995/1995, there were two foreign students in the Faculty of Law, three foreign students and one foreign guest student in 1994/1995, and by the beginning of 1997/1998 there were nine foreign students in the Faculty of Law.

2.3. Academic Proficiency

A realistic indicator of the academic proficiency of the Faculty is the success of activities of the graduates of the Faculty. The fact that the graduates of the Faculty are successful in what they do is demonstrated by the great interest of employers in our graduates.

To some extent, an indicator of academic proficiency is the percentage of students covering the curriculum within the designated period (four years). Of the 77 students admitted in 1991, 39 graduated in 1995, i.e. 51 per cent. Of 114 admitted in 1992, 52 students or 46 per cent graduated in 1996; 30 of 90 or 33 per cent in 1997. Thus, in reality, it is difficult to cover the curriculum within the designated period. Of the reasons we should mention the student’s right to complete the curriculum within five years and also the sabbaticals quite frequently taken. More important is, however, the great demand for qualified lawyers (i.e. the final year law students) observable on the labour market and the small scholarship grant which necessitates working during studies. The co-effect of those two factors means that often the period of study becomes longer even while studying for the Bachelor’s degree but especially during the Master’s studies. Nevertheless, between 1993 and 1998, fifteen Master’s theses were defended in the Faculty of Law (see: Annex 2)

2.4. Language of Instruction

Instruction at the Faculty of Law is mainly conducted in Estonian. In past years, study by correspondence was carried out in two separate groups, using Estonian and Russia. As a result of the restoration of Estonia’s independence and the establishment of Estonian as the state language, the possibility to operate as a lawyer without knowing the state language has practically ceased to exist. Therefore, there was no longer any objective need for Russian language legal education in Estonia. Graduates from Russian language schools may enter the Faculty of Law after passing an Estonian language test. However, such applicants have the right to sit their government final examinations in Russian which grants them an equal opportunity to compete with applicants who have graduated from Estonian language schools.

Visiting lecturers mainly hold their lectures in English or German.

2.5. Participation of Students in International Competitions

The upgrading of the curriculum on the basis of the principles of the curricula used by faculties of law in European and American universities has, among others, contributed to the successful participation of our students at international Moot Court Competitions. In 1996/1997, our students took part in three such competitions: at the University of Stockholm; East-European Civic Education Project – 3^rd rd–4^th place; fifth place at the Telders Moot Court in the Hague (1^st award among the East-European countries).

In 1997/98, our law students were present at a competition in Turku, Finland, where knowledge of European Union law was graded. The students of Tartu gained the 5^th place.

Thus the students of the Faculty have participated in three teams: Telders Moot Court; East-European CEP Moot Court and European Union’s EMCS Moot Court.

The successful participation of Estonian teams at International Moot Court Competitions gave rise to an idea to introduce such competitions in Estonia too. In conjunction with the Open Estonia Foundation and Supreme Court, students of the Faculty of Law of the University of Tartu organised on 28 March 1998 the first Estonian Moot Court Competition (see K. Raba Moot Court in Estonia. Juridica. 1998. No. 3. pp. 147-148.)

The teams have been prepared by the Faculty’s teaching staff (T. Kerikmäe), but especially by visiting lecturers such as (M. Listgarten, R. Visek, M. Gallagher, T. Simon, and J. Kortteinen).

The following students have been in the teams: Villu Arak, Ergo Blumfeldt, Dea Hannust, Katrin Hendrikson, Erika Ilves, Maris Ilves, Eero Johannes, Kaidi Kuusmaa, Janek Mägi, Lauri Mälksoo, Ilona Nurmela, Paavo Paal, Ane Pihlak, Toomas Prangli, Kristi Raba, Pärtel Rõõs, Juhani Seilenthal, Risto Vahimets, Julia Vahing, Madis Vainomaa, Janek Valdma, Monika-Silvia Valm.

2.6. Bachelor’s Degree in Law at Open University

Taking into account the needs of Estonian society and in view of the fact that the numbers of persons desiring to obtain a higher education in law while continuing to work has been constantly growing, the Faculty of Law has since 1996 provided the opportunity to obtain the Bachelor of Law degree via the Open University project of the University of Tartu. The Bachelor’s degree in law is obtained in the Open University on the basis of the Faculty of Law curriculum. One must pay a tuition fee for studies in the Open University (in 1998/1999 the fee was 23,000 kroons per annum).

Admission to the Bachelor of Law degree program of the Open University has occurred on the basis of the Admission Regulations established by the Board of the Faculty of Law under which the following criteria are taken into account:

Each year, the Open University has admitted sixty students into the Bachelor’s degree program. The competition to the Open University Bachelor of Law programme has been high. For sixty positions, 223, 327, 252, 371 and 378 applications were received in 1994, 1995, 1996, 1997 and 1998 respectively (6.3 applicants per one position).

As of 1 September 1998, there are 277 students in the Bachelor of Law programme of the Open University.

The University of Tartu grants the Bachelor’s degree to those students of the Open University who have taken the examinations and credit tests prescribed by Faculty of Law curriculum and defended a final thesis (160 credits). Independent studies form the majority of the programme. Lectures and seminars are as a rule held in nine-day cycles (on the average 45 days of study per year). The nominal period of study is five years.

The Faculty of Law organises tuition in the Bachelor of Law degree programme of the Open University. The studies are directly conducted by the academic staff of the Faculty of Law.

As the percentage of classroom work is relatively small in the Open University compared with the full-time course of study, the instructors of the Faculty of Law have prepared special study materials for the students of the Bachelor’s degree of the Open University. Between September 1996 and September 1998, approximately 2,700 pages of lecture notes have been handed out to the students of the Open University Bachelor programme plus more than 40 textbooks study aids and the issues of the Law Journal Juridica.

As of today it is not possible to assess the academic proficiency of the Bachelor of Law students of the Open University on the basis of a real indicator, i.e. the successfulness of the activities of its graduates. What is known, however, is that several Bachelor of Law students have been successful in their professional work and many of them have during their studies at the Open University been appointed to positions which in essence require the existence of a higher education in law.

Students have had difficulties in making progress with foreign languages. Examinations and credit tests have been taken at a relatively slow pace which can be explained by the lack of time as the students also have to work whilst studying. Taking into account that the nominal period of study in the Bachelor’s programme of the Open University is five years and that the students may prolong their studies, the relatively slow pace of progress is not a major problem.

III. Curriculum

The curriculum in its present form was adopted by the meeting of the Board of the Faculty of Law on 9 April 1997. Compared with the previous curriculum *9 , the current curriculum is undoubtedly a huge step forward. The predominant trend has been to increase the relative importance of disciplines in private law. The students of the Faculty took an active part in the preparation of the curriculum.

The curriculum is aimed at the provision of an academic legal education on three levels: the Bachelor’s, Master’s and Doctoral programmes.

With its curriculum the Faculty of Law aspires to provide a legal education based on science (academic legal education) besides giving general educational knowledge on the basis of the universitas. The curriculum aims to be flexible and systematic.

The curriculum of the Faculty of Law of the University of Tartu and those of other Estonian universities and schools differ both in content, designation and scope of courses. However, these are apparently not the main differences. In comparison with the curricula of other universities, the curriculum of the Faculty of Law is more systematic and the proportion of legal theoretical analysis larger.

3.1. General Structure of Curriculum

The curriculum structure is based on the University of Tartu Teaching Regulations. The total extent of instruction in the Bachelor’s programme is 160 weeks of study or credits.

Disciplines fall into majors (104 credits), required minors (31 credits), alternative minors (9 credits) and electives (16 credits).

A major forms the core of an area of specialisation and includes legal courses such as Civil Law, Contract Law, Law of Property, Commercial Law, Criminal Law, Constitutional Law, Labour Law, Administrative Law, International Law, etc.).

The system of courses for a major is constructed systematically, from the general to the specific. The course of study begins with a general treatment of the corresponding disciplines and is followed by special courses. A logical sequence of legal courses to be completed by students is ensured by a system of prerequisite courses. In order to take a particular course, students are informed through the course register of the requirement to pass a graded or pass/fail examination in a prerequisite course. For example, an examination in the Law of Property requires completion of the General Principles of Civil Law Course.

Required minors have an assisting function in legal education. The complex of those minors can conditionally be divided in two parts. Part 1 includes the so-called general legal courses (Comparative History of Legal Systems, Encyclopaedia of Law, Encyclopaedia of Political and Legal Thought, Sociology of Law, Philosophy of Law, Psychology of Law, General Theory of Law, etc.) – a total of 20.5 credits. The second part is composed of non-legal courses the taking of which has a direct relationship with qualification as a lawyer. Such disciplines are Foreign Language for Special Purposes (2.5 credits), Economics (3 credits), Logic (2 credits), Basic Financial Accounting (2 credits), Estonian (1.5 credits), etc. The scope of these courses is 12 credits.

Alternative minors (public or private law courses) are courses in law which serve the purpose of specialisation.

Electives can be chosen by students based on their interests. In principle, electives may be courses, which are not related to law, and may be taken by a student in other faculties of the University or in other Estonian or foreign universities. In order to provide students with an opportunity of further specialisation and enhancement of professional training, the departments of the Faculty offer several electives in law. Currently there are 21 such disciplines (24 credits), including among others European Union Environmental Law (1 credit), Medical Law (1.5 credits), Transportation Law (1 credit), International Law of War (1 credit), Insurance Law (1 credit), State Procurement (1 credit), etc.

Visiting lecturers from European and American universities have been used in the instruction of electives in law. The system of electives allows for a fast response to changes occurring in the legal system. Thus, if a legal institution is created, its main issues can be taught to students through electives relatively quickly.

3.2. Changes in Curriculum

The main structure of the current curriculum was developed in 1993 and amended in subsequent years. The restructuring of the curriculum has occurred in line with the development of legislation and Estonia’s integration into Europe.

Since 1993 more than 30 new electives including electives in law have been introduced. For instance, new courses for a major are Law of Property, Administrative Procedure, Commercial Law, Intellectual Property, Standards of Legislative Documents, Introduction to Comparative Law, etc. New elective courses in law include Employment Relations and Public Service, International Agreements and National Labour Law, EU Environmental Law, International Law of War, EC Law, American Legal Terminology, Medical Law, etc.

In addition to the introduction of new courses, the internal proportions of the curriculum have changed. Four principal trends can be highlighted here:

In spite of the actual shifts, the Faculty believes that the current proportions are still not yet optimal. The share of private law courses must further grow in the immediate future at the expense of general legal courses and public law. This objective cannot be fulfilled immediately due to the lack of lecturers and, therefore, the corresponding changes can only occur gradually dependent upon the manner and speed of training of new lecturers through both the Master's and Doctoral programmes.

3.3. Structure of Master’s and Doctoral Programmes. Opportunities for Acquisition of Academic Degrees

The Master’s degree programme (80 credits) comprises Master’s courses (40 credits) and Master’s thesis (40 credits). Master’s courses include Theory of the State and Law (5 credits), electives in the area of specialisation and special seminars at the department for which the Master’s student is assigned (25 credits) and other electives in the humanities (5 credits). Before defending his Master’s thesis, the student is required to sit for the Master’s examination (5 credits) the programme of which is prepared by the corresponding department. Master’s courses may conditionally be divided into three parts:

Electives in other disciplines of the humanities are chosen by the Master’s student and his supervisor on the basis of specialisation, and such other electives have an assisting and general educational function in respect of legal education.

The Master’s degree is acquired according to an individual programme which records participation in required courses and individual work done in different semesters. The programme covers the entire period of the Master’s degree course and is ratified by the candidate’s supervisor. At the end of each academic year, the student presents his or report to the corresponding department on the basis of which the department decides on the continuation or discontinuation of the Master’s course.

The total volume of the Doctoral programme is 160 credits, comprised of Doctoral courses (40 credits) and a Doctoral dissertation (120 credits). The Doctoral programme includes Theory of the State and Law (2 credits), Comparative Law (2 credits), European Law (2 credits), electives in an area of specialisation and special seminars at the assigned departments (22 credits), and electives in the humanities (2 credits) and a Doctoral examination (10 credits).

As with a Master’s Degree, a Doctorate requires an individual programme which records participation in required courses and individual work done in different academic years. The programme covers the entire period of Doctoral studies and is ratified by the corresponding department.

An applicant for a Master’s or Doctor’s degree must, as a rule, have completed the Master’s or Doctoral programme and passed the Master’s or Doctoral examination. Under the University of Tartu Academic Degrees Regulations, a faculty board has the right to admit an applicant to a degree who has not completed the Master’s or Doctoral programme but whose academic publications meet the requirements for a Master’s thesis or Doctoral dissertation and who has passed the Master’s or Doctoral examination. Such an applicant must have at least completed higher education (Bachelor’s degree) and for a Doctorate, a Master’s degree is generally a prerequisite.

3.4. Ration Between a Major and Electives and its Nature

A major constitutes the core of an academic legal education without which a future lawyer would be unable to cope with his functions. Alternative minors such as private law and public law courses form a set of disciplines which enable students to specialise. Their ratio in the curriculum to the major is 7.3 %. Private law courses include for instance Competition Law, Bankruptcy Law, Residential Law, Copyright Law and Legal Bases for Foreign Economic Activity.

Public law courses focus on criminal law and criminal procedure. It is comprised of involvement in crime, arrangement for expert analyses, general provisions concerning imposition of punishment, duress and human rights in criminal procedure (7 credits).

A major, required minors and alternative minors (altogether 135.5 credits) form a fixed compulsory part of the curriculum. Alternative minors enable students to choose between public law and private law.

According to the curriculum, a student may choose electives to the extent of 24.5 credits. This forms 15.3 % of the credits prescribed by the curriculum. There are no restrictions on taking such courses and they are based on a student’s interests. In order to guarantee the flexibility and mobility of the curriculum and to provide students with further opportunities for specialisation, the Faculty offers 21 electives in law. Thus, students can choose between legal and nonlegal disciplines. Experience shows that students of the Faculty take electives in law willingly.

3.5. Students’ Practical Training in a Special Field of Study; Reports, Course Papers and Graduation Theses

As a result of discussions and analyses, the Faculty Board decided that practical element of a students’ training would be best accomplished at a court since the courts deal with the main problems relating to the application of law from substantive and procedural aspects.

Since 1993, the students’ six-week practical training has, as a rule, been held at a court in their 4^th year of study. Issues relating to students’ practical training are co-ordinated by a member of the Faculty who selects places for such training and assigns students thereto. In the training places, supervisors are assigned to students. Each student also has a Faculty-appointed supervisor. Students are provided with instructions which they must observe in the course of their training. At the end of the practical training, a report is written which is submitted to the corresponding department together with the opinion of the supervisor of the place of training.

Unfortunately it is not possible to assign all students to practical training at a court as the state provides only partial financing of supervision and the University itself does not have any financial resources. It is appropriate that seminars and workshops are mostly conducted by judges of the Tartu Circuit Court and the Supreme Court. Therefore, the location of the Supreme Court in Tartu has greatly facilitated academic instruction at the Faculty of Law. One-half of the 16 members of the Supreme Court are involved in the teaching process in the capacity of lecturers and conductors of seminars, viz. Jüri Põld, Herbert Lindmäe, Eerik Kergandberg, Ants Kull, Harri Salmann, Jüri Ilvest, Lea Kalm, Henn Jõks plus consultants - Kalle Nigola, Herbert Sepp.

The reports of practical training are heard by committees established at the institutes. Completion of a student’s practical training is assessed as a pass or fail.

According to the curriculum, students of the first three years write one course paper each academic year. A course paper is one of the most important elements of the curriculum and has several intrinsic values. Firstly, through supervision of a course paper, individual work with a student is carried out which cannot always be done at lectures or seminars. Secondly, the writing of a course paper provides a student with an experience of independent work and an opportunity to develop analytical skills and to express his or her ideas in writing. The subject matter of a course paper is chosen by each instructor according to his or her speciality and is posted for inspection at the beginning of each academic year. A student chooses the subject-mater of his or her paper based on his or her interests. A course paper is written under the direct guidance of a supervisor, i.e. the supervisor discusses the outline of the paper, its methods of analysis, sources, etc. and the problems arising in the course of writing the paper. After the course paper is completed, it will be presented at the corresponding department. In evaluating the course paper, both content and form are considered.

IV. Academic Process

4.1. Reform of Academic Process

Upon the initiative of the Methods Committee of the Faculty Board, the Board has repeatedly discussed the updating of the academic process and curriculum. Representatives of students have taken an active part in those discussions. The Dean received the first substantial memo regarding the structure of studies and curriculum on 26 September 1996. Later too, students have filed additional proposals, discussed at the Board of the Faculty. To sum up, as a result of this work, the share of courses in public law and private law has changed considerably. Namely, the proportion between these courses has come notably closer to that recommended – that is one-third for public law and two-thirds for private law. The reduction of the share of the more general education disciplines (e.g. foreign language was reduced from 10 credits to 2.5 credits) made the curriculum law-centred.

However, it is clear that a mere increase or decrease in the share of courses in the curriculum cannot alone give the expected high results. A change in the proportion must be accompanied by a change in the quality of instruction and by a practical implementation of the reform.

In September 1997, in conjunction with the EuroFaculty, a fellowship programme was launched involving twelve 4^th -year students of the Faculty. Parallel to intensive studies under supervision of the EuroFaculty’s teaching staff, they work as assistants to the academic staff of the Faculty.

There is no doubt that lecturers who have accepted the direction and principles of the reform in teaching have also assisted in implementing reform. In conclusion, the Faculty as a whole has supported the reforms. However, the determination of the proportion of courses within the curriculum has resulted in heated debates.

4.2. Teaching Methods

In general, teaching methods may be divided between traditional methods and more contemporary, active methods. The reform of the curriculum and the comparative youth of the legal system itself require that traditional methods take precedence. In a situation where essentially new disciplines are introduced into the curriculum but contemporary textbooks are not yet available for students (there is a lack of textbooks in Estonian), the extent of study in the classroom is relatively great.

The Faculty follows the requirement specified in the University of Tartu Teaching Regulations under which the proportion between classroom and independent study is to be equal (50 per cent). Since the requirement applies to the whole curriculum, including Master’s and Doctoral programmes, the amount of study in the classroom in some courses of the Bachelor’s programme is more than 50 per cent. As students’ opportunities to work independently increase, the amount of classroom study will decrease.

More attention must be paid to groupwork (seminar, workshop, and colloquium), as thus students will develop a sense of responsibility which will also raise the quality of final results. A lack of instructors and the fact that in connection with the introduction of the Master’s and Doctoral programmes, the workload of leading instructors in teaching these programmes has significantly increased are an impediment to this process. At the same time, a lack of group work is reflected in examination results.

The core of restructuring can be traced back to the following four circumstances:

The Faculty seeks to increase the share of active and individual forms of study, particularly in the Bachelor’s programme, however this change can only be implemented gradually as the required lecturers and material resources become available.

In the Master’s and Doctoral programmes, a greater emphasis is laid on independent and individual study which relies on co-operation with a supervisor. Courses are often arranged in cycles which enables a larger number of Master’s students to participate. Departments organise study days where Master’s and Doctoral students can meet, and listen to, the whole staff of the department.

V. Organisation and Resources of Academic Activity

5.1. Academic Staff of Faculty

As regards the membership of academic staff, a lack of new lecturers continues to be an acute problem although the situation is not as bad as it was in 1994/95. A general tendency to undervalue teachers’ work has caused difficulties in employing new academic staff at the Faculty of Law. The payroll system effective at the beginning of 1992 brought about a negative attitude towards the Master’s programme, research and the profession of a teacher in general. As a result, several teaching staff left the University for the private sector and also the court system.

In recent years, a rather intensive change of generations has occurred. Many young instructors have been added to the staff of the Faculty: T. Kerikmäe who took a license degree at the University of Helsinki, P. Roosma who took a Master’s degree at Central European University, T. Anepaio, S. Kaugia, L. Lehis, M. Muda, V. Olle, A. Pärtel, M. Sillaots, G. Tavits who were all awarded their Master’s degrees by the University of Tartu, researchers M. Luts ja M. Kingisepp, assistants A. Kalvi (who in the near future will present a Master’s thesis) and M. Kiviorg.

Under a government regulation of 4 April 1997, a designated amount of money was allocated to the University of Tartu to cover the costs incurred by the establishment of the department of European Union law. Both in the spring and autumn semester, the University appealed to several universities via the EuroFaculty and embassies (e.g. Embassy of Sweden) to find a visiting lecturer. Unfortunately there were no suitable candidates, thus, in conjunction with EuroFaculty, sharing the costs, the so-called EuroStudies Group was launched involving 4^th -year students. Between 1 October 1997 and 30 June 1998, twelve persons acted as Secretaries/Assistants of the EuroStudies Group of the Faculty of Law, these were:

Airi Hämmalov, Ivo Pilving, Lauri Mälksoo, Toomas Prangli, Monika-Silvia Valm, Kai Kullerkupp, Denis Polman, Erki Uustalu, Katrin Hendrikson, Maris Ilves, Mari-Liis Tõrs and Anne Pihlak.

The University of Tartu has paid special attention to requirements applicable to the election of professors, other instructors or researchers (see:
http//: www.ut.ee/dokumendid/nouded.html
– “Requirements for the Evaluation of Candidates to the Position of Instructor or Researcher in the University of Tartu”. Ratified by the Council of the University of Tartu by its Orders no. 2 of 27 March 1998).

Thus, in a first-time election of a professorial candidate, the candidate is required to have completed research work in the corresponding speciality (or in a related speciality) on an international level to the extent of at least three Doctor’s dissertations. Professors are elected by the Council of the University and not by the Board of the Faculty. Compliance with an internationally acceptable level is the reason why currently only five jurists have been elected to ordinary professorship. Corresponding criteria have been established in respect of other positions too (docent, lecturer/senior assistant, assistant, instructor, senior researcher, researcher). *10

Unlike private universities, the Faculty of Law considers as full members of staff only those elected and full-time employed instructors (there are 26 in the Faculty) and part-time lawyers-practitioners (judges, attorneys) elected by the Board and working under contracts of employment (currently there are seven of them in the Faculty). Of the staff members, eleven have a PhD degree; one a licentiate degree and eleven have a Master’s degree. Thus, 70 per cent of academic staff members have a higher academic degree. Holders of a Bachelor’s degree are not deemed to have an academic degree in this sense.

5.2. Material and Financial Resources

Premises Programme

An explosive demand for qualified lawyers experienced at the beginning of the 1990s, doubled within a few years the number of students admitted to the Faculty of Law. The increased number of students (in the autumn semester of 1998, more than 800 people studied in different programs and levels of the Faculty) led to the Faculty having to expand its premises.

When the Faculty moved from the Main Building to premises at Näituse 20, it meant a radical improvement in the work conditions of both students and academic staff while taking care of the further development needs of the Faculty of Law. *11 Näituse 20 is the last of the buildings preserved from the complex which in the beginning of the century housed the Rostovtsev Private University. The refurbishment of the building was funded over the years from the budget of the University; since 1996, the work has been significantly accelerated by considerable amounts from the state budget and the reserve fund of the Government of Estonia.

The new building of the Faculty of Law - Iuridicum – solved two major problems: the lack of an up-to-date environment for students and staff suitable for study and research activity; and the lack of physical space essential to change the teaching methods. The textbooks and scientific literature published for the last five years with assistance of the Open Estonia Foundation have been the base which helped shift the emphasis from lectures to seminars and various forms of individual work. Most of the rooms used by the students are fitted with modern equipment and are first and foremost suitable for group work. There is also a separate video classroom, library, and computer class in the building. Estonia’s only law journal Juridica is also based there. Study materials and scientific literature are also sold on the premises.

The rehabilitated building, however, does not solve the problem of a lack of large classrooms (for more than 100 students). Therefore, it is essential that a set of classrooms, united with the main building, is designed in Stage 2. It would accommodate a seminary/library for students (with work places for more than 100 students). The extension should be designed so that it has a reserve for future departments (departments of International Law, European Community Law and Business Law), two seminar rooms, offices for visiting lecturers and a room for a moot court (with audio and video equipment used in court premises).

Library

The Faculty uses the Library of the University of Tartu which houses a collection of textbooks, contemporary periodicals and research literature. In recent years, departments have mostly ordered textbooks and academic periodicals using the budgetary funds allocated to the Faculty.

Further, additional possibilities for acquisition of contemporary legal literature have intensively been sought. Personal contacts with foreign colleagues have enabled to add the most recent study and research literature, including dictionaries, to the Library (currently around 1400 copies). The database of the register of legislation, “WinLex”, has been installed; it is possible to use CD-ROM databases.

At the same time, the Library needs extensive further development, as was with good reason pointed out by an international committee in their expert opinion. Naturally, the problem can be solved provided there are finances. The resources of the Faculty are not sufficient in this respect.

Publication of Educational Materials

Since 1994, remarkable work has been done in conjunction with the Open Estonia Foundation (OEF) to create a strong base of legal study literature. To date, more than forty textbooks, monographs and study aids have been published. The textbooks and study materials solve the problem of a lack of educational materials and can be used elsewhere in Estonia wherever courses on or advanced training in law are offered.

OEF’s programme for publishing legal literature and its results have been reviewed in mass media and demonstrated at exhibitions. Several presentations have taken place and Juridica has published related articles. *12

1998

1. Kergandberg, E. Kohtuotsus kriminaalasjas, selle kujunemine ja kriitika (Court Order in Criminal Case, Its Development and Critic). – Õigusteabe AS Juura, 1998.

2. Kull, I. Lepinguõigus I (Contract Law I). – Õigusteabe AS Juura, 1998.

3. Ernits, M., Pikamäe, P., Samson, E., Sootak, J. Karistusseadustiku üldosa eelnõu. Eelnõu lähtealused ja põhjendus (Bill of General Principles of Penal Code. Sources and Pationale. Õigusteabe AS Juura, 1998.

4. Lindmäe, H. Menetlusmetoodika I. (Methodology of Procedure I) Õigusteabe AS Juura, 1998. 189 pages.

5. Merusk, K., Narits, R. Eesti konstitutsiooniõigusest. (About Estonian Constitutional Law) Õigusteabe AS Juura, 1998. 232 pages.

6. Saarsoo, H., Vissak, J. Menetlusdokumendid kriminaalmenetluses. (Procedural Documents in Criminal Procedure) Õigusteabe AS Juura, 1998. 208 pages.

7. Sootak, J. Majanduskriminaalõigus. Õppevahend juristide põhi- ja täiendõppeks. (Economic Criminal Law. Textbook for Main and Continuing Studies of Lawyers) Estonian Law Centre Foundation, 1998. 65 pages.

8. Sootak, J. Veritasust kriminaalteraapiani. Käsitlusi kriminaalõiguse ajaloost. (From Blood Money to Criminal Therapy. Selected Texts from the History of Criminal Law) Õigusteabe AS Juura, 1998. 269 pages.

9. Sootak, J. Isikuvastased kuriteod. (Crimes Against Persons) Õigusteabe AS Juura, 1998. 95 pages.

10. Veinla, H. Sissejuhatus keskkonnaõigusesse. (Introduction to Environmental Law) Õigusteabe AS Juura, 1998.

1997

1. Merusk, K. Administratsiooni diskretsioon ja selle kohtulik kontroll. (Discretion of Administration and Its Court Review) Õigusteabe AS Juura, 1997. 126 pages.

2. Narits, R. Õigusteaduse Metodoloogia I . (Methodology of Science of Law) Õigusteabe AS Juura, 1997. 112 pages.

3. Lindmäe, H. Menetlustaktika II. (Procedural Tactics. Part II) Textbook for students of the Faculty of Law of the University of Tartu. Õigusteabe AS Juura, 1997. 206 pages.

4. Leesment, H., Soobik, L., Veinla, H. Ameerika õigusterminoloogia. (American Legal Terms) Tartu, Lawyers Training Centre, 1997. 67 pages.

5. Orgo, I.-M, Siigur H., Tavits G. Töölepinguseadus. Kommenteeritud väljaanne. (Contracts of Employment Act. Commented edition) 3^rd amended edition. Õigusteabe AS Juura, 1997. 142 pages.

6. Siigur, H. Palgaseadus. Kommenteeritud väljaanne. (Salary Act. Commented edition) Õigusteabe AS Juura, 1997. 95 pages.

7. Luts, M. Sissejuhatus õigusfilosoofiasse. (Introduction to Philosophy of Law) Õigusteabe AS Juura, 1997. 144 pages.

8. Sootak, J. Kriminaalpoliitika. (Criminal Policies) Õigusteabe AS Juura, 1997. 189 pages.

9. Vissak, H. Vene keel juristidele. (Russian for Lawyers) Õigusteabe AS Juura, 1997. 399 pages.

10. Eesti kriminaalõiguse arenguteedest. Artiklite kogumik. Pühendatud professor Ilmar Rebase mälestusele. Koostanud Jaan Sootak. (About Developments in Estonian Criminal Law. Collection of Articles. Dedicated to the Memory of Professor Ilmar Rebane. Compiled by Jaan Sootak) Tartu, Lawyers Training Centre, 1997. 110 pages.

11. Jõgi, P. Õigus ja eetika: teooriad õigusest ja õiglusest 20. sajandi õigusfilosoofias. (Law and Ethics: Theories on Law and Justice in the Philosophy of Law of the 20^th c.) Õigusteabe AS Juura, 1997. 224 pages.

12. Sootak, J. Varavastased kuriteod. Õppevahend kriminaalõiguse eriosast. (Crimes against Property). Textbook on special principles of criminal law. Tartu, Lawyers Training Centre, 1997. 92 pages.

13. Tekste meditsiiniõigusest I. Meditsiinieetika. Koostanud Eerik Kergandberg, Jaan Sootak. (Texts on Medical Law. Medical Ethics. Compiled by Eerik Kergandberg, Jaan Sootak) Tartu, Lawyers Training Centre, 1997. 50 pages.

14. Õigusteaduskonna üliõpilastööde vormistamise ning viitamis- ja tsiteerimistehnika põhireeglid. Koostanud Ilmar Rebane, Jaan Ginter, Peeter Järvelaid, Uno Lõhmus, Jaan Sootak, Andres Vutt. Seitsmes parandatud ja täiendatud trükk. (Main Rules for Execution of Papers of Students of the Faculty of Law and for Reference and Quoting Techniques. Compiled by Ilmar Rebane, Jaan Ginter, Peeter Järvelaid, Uno Lõhmus, Jaan Sootak, Andres Vutt. 7^th amended edition) Tartu, Lawyers Training Centre, 1997. 48 pages.

Translated textbook

15. Werlauff, E. Euroopa Liidu ühinguõigus. Tallinn, Õigusteabe AS Juura, 1997.
Original title: E. Werlauff. “EC Company Law - The Common Denominator for Business Undertakings in 12 States”. - Jurist-og konomforbundets Forlag, 1993.

1996

1. Kergandberg, E. Sissejuhatus kohtumenetluse õpetusse. (Introduction to Study of Court Procedure). Textbook for students of the Faculty of Law of the University of Tartu. Õigusteabe AS Juura, 1996. 112 pages.

2. Orgo, I.-M., Merusk, K. Töösuhted ja avalik teenistus. (Employment Relations and Public Service) Textbook for students of the Faculty of Law of the University of Tartu. Õigusteabe AS Juura, 1996. 160 pages.

3. Orgo, I.-M., Siigur, H., Tavits, G. Töölepingu seadus. Kommenteeritud väljaanne. (Contracts of Employment Act. Commented edition) 2^nd amended edition. Õigusteabe AS Juura, 1996. 143 pages.

4. Ginter, J. Eesti Vabariigi õiguskaitsesüsteem I. (System of Legal Defense in the Republic of Estonia) Tartu, Lawyers Training Centre, 1997. 84 pages.

5. Vissak, H. Eesti-vene vene-eesti juriidiline sõnastik. Abiks juristile. (Estonian-Russian/Russian-Estonian Legal Dictionary. For Lawyers) Tartu, Lawyers Training Centre, 1997. 168 pages.

6. Orgo, I.-M., Siigur, H. Trudovoye pravo (Labour Law). Õigusteabe AS Juura, 1996. 207 pages.

7. Akadeemiline õigusharidus ja juristide täienduskoolitus. (Academic Legal Education and Continuing Education of Lawyers) Lawyers Training Centre, 1996. 180 pages.

8. Estnische Strafrechtsreform: Quellen und Perspektiven. /Herausgeg. von J. Sootak Lawyers Training Centre, 1996. 164 pages.

Translated textbooks

9. Aarnio, A. Õiguse tõlgendamise teooria. (Theory of Interpretation of Law). Preface by Raul Narits. Translated by V. Jalakas. Tallinn, AS Juura Publishing, 1996. 242 pages
Original title: A. Aarnio. “Laintulkinnan teoria.” Yleisen oikeustieteen oppikirja. – Porvoo-Helsinki-Juva, 1988.]

10. Inglismaa ja Walesi kohalik omavalitsus. (Local Government in England and Wales). Translated by V. Olle. Tartu, Lawyers Training Centre, 1996, 100 pages.
Original title: “Local Government: a Councillor’s Guide.” The Local Government Management Board 1991.

11. Mason, J. K., McCall Smith, R. A. Õigus ja meditsiinieetika. (Law and Medical Ethics). Preface by J. Sootak. Translated by H. Kergandberg. Tallinn, AS Juura Publishing, 1996, 223 pages.
Original title: J. K. Mason, R. A. McCall Smith. “Law and Medical Ethics.” Fourth Edition. Butterworths: London, Dublin, Edinburgh, 1994.

Law Journal Juridica

The journal Juridica of the Faculty of Law of the University of Tartu was established in 1993 in conjunction with the Law Faculty of the University of Glasgow (Faculty of Law & Financial Studies). The project, launched on initiative of the Dean, Prof. J.P. Grant, and publisher D. Fletcher and funded by the Law Society of Scotland has been developed by the University of Tartu’s Faculty of Law into Estonia’s only scientific and practical law journal.

At the beginning of 1994, the journal was funded, under a Co-operation Agreement, by Kaupakaari-yhtymä OY. As from the 7^th issue of Juridica in 1994, the publication of the journal has been funded by Õigusteabe AS Juura. Since the 1^st issue of 1995, the Estonian Lawyers’ Association and Estonian Academic Law Society have contributed to the articles of the journal (in fact, in 1995, another Estonian law journal, Eesti Jurist, merged with Juridica). The Ministry of Justice supported the publication of Juridica in 1996. In 1998, the journal is sponsored by the European Integration Office of the State Chancellery and Kaupakaari OYJ (Finnish Lawyersœ Publishing).

Since 1998, the journal has been published by the Faculty of Law in conjunction with the Foundation Iuridicum.

The journal has provided an in-depth treatment of current problems in legislative drafting. With several adopted acts, Juridica has often been the first to offer theoretical or practical comments on solutions to problems encountered whilst implementing acts. Thanks to the existence of a law journal in the Faculty, all of its staff and students have the possibility to publish their articles.

The journal has been published in A4 format for six years as follows:
6 issues in 1993,
10 in 1994 (250 pages),
10 in 1995 (472 pages),
10 in 1996 (588 pages),
10 in 1997 (540 pages).

Ten issues will be published in 1998.

In 1996, the first special issue in English was published - Juridica International. Law Review. University of Tartu. 1996 160 pages. (ISSN 1406-1082), sponsored by the Open Estonia Foundation.

The second special issue - Juridica International. Law Review II. University of Tartu. 1997 120 p. (ISSN 1406-1082, ISBN 9985-9146-0-0) was published in December 1997.

The articles aim to give a profound treatment of their subject matter. Several articles have analysed issues in relation with integration into Europe. In addition to the financing offered by the OEF, the publication of the special issue was supported by the State Chancellery. The issues were translated and edited at the Estonian Translation and Legislative Support Centre.

6. Feedback and Quality Assurance

6.1. Contacts with Alumni

The Faculty considered it necessary to ascertain the views of alumni concerning the level of teaching work of the Faculty and the need for practical training. Alumni have been questioned periodically with the most recent poll conducted in 1995, supported by the Open Estonia Foundation. To date, contacts with alumni have occurred mainly via polls; the formation of an organisation uniting all alumni is planned.

The poll taken among alumni demonstrated their utmost satisfaction with the theoretical level of the curriculum. Shortcomings in practical training were cited more frequently. The Faculty is looking for more capable lecturers in the subjects which alumni feel to be most problematical. In the reform of the curriculum, the main principle has been to increase the share of courses in private law, which are necessary for lawyers operating within a market economy. At the same time, it has been decided to increase the share of international private law and European law on the curriculum.

6.2. Contacts with Employers, Professional and Vocational Associations

The requirements of the labour market have not yet been clearly discerned. Although the Faculty has approached employers to clarify their needs, the response has been weak. Perhaps the reason lies in that currently there is an enhanced demand for graduates from the Faculty of Law of the University of Tartu on the labour market. Many students of final years are already employed as lawyers. The Faculty can obtain an overview of the positions held by its graduates by organising polls amongst alumni.

The Faculty still maintains regular contact with employers, professional and vocational associations, and the programmes for developing education for lawyers are prepared on the basis of the opinions expressed by alumni.

6.3. Quality Assurance

The quality of courses is assessed according to several methods:

Thus, quality is regularly assessed by interviewing departments, Methods Committee and students. Alumni and employers have been interviewed insofar as possible. Students have organised and performed assessments upon their own initiative. For this purpose they launched in spring 1996 a system of questionnaires, the results of which were made available to everybody via the Internet
(http//: www.ut.ee:8192/lekinfo/owa/vaatalektor).
The Dean’s Office has annually interviewed 4^th -year students to obtain their opinions on the quality of teaching.

The academic staff seek to improve their performance through continuous education. Departments carry the greatest burden in this respect. Teaching staff participate in courses organised by the University (computer studies, management, etc.) and the “free-semester” system is an important factor. Under the Universities Act, contracts of employment must contain a provision guaranteeing a lecturer one free semester every five years for the purpose of self-improvement. Self-improvement and, consequently, renewal of lecture materials also occurs via short-term foreign trips or through collecting materials in Estonia. In 1997 alone, the staff of the Faculty participated in three international programmes, and co-operated with foreign partners in seven subject matters. In 1997, twenty-one staff participated in events abroad (Germany, Netherlands, Finland, Austria, France, Sweden, Denmark, Ireland, Hungary).

Members of the staff have furthered their education at several outstanding universities including those of Columbia in New York, Georgetown, and Munster. However, difficulties have been encountered in raising finances for self-improvement and in finding a longer period which the staff member could stay away from Estonia (besides teaching, many instructors participate in legislative drafting, etc.).

Annex 1

Research Highlights in 1997

INSTITUTE OF PUBLIC LAW

Within the framework of the Science Project TU0IAO001SO “Reform of Estonia’s National Legal System in Public Law: Conceptual Starting Points, Legislative Acts, Interpretation Standards, Legal Judgement” the problems connected with the subject matter have been solved using the comparative method. Since 1996, international legal and socio-legal aspects have been added. Fundamental research has been made in the discretionary aspects of the law of administration, investigation into the position values of the language of jurisprudence, tendencies in juvenile crime in Estonia, the comparative analysis of criminal probation (Estonian and German cases). The committee for legal expertise of the Constitution and the Ministry of Justice have both used the proposed solutions to those conceptual questions. Several monographs and scientific articles were published on the subject matter during the year.

Within the framework of ESF Grant no 1882 “Infringements of Law by Minors: Criminological, Procedural and Criminal Law Aspect” (grant holder Prof. J. Sootak, co-holders Docent H. Saarsoo and Docent J. Ginter), a general conceptual basis for legislation concerning law infringement by minors has been developed. These conceptual issues have been taken into account in preparing bills by the Ministry of Justice and Ministry of Education: i.e. Act on Persuasive Measures for Minors and an amended Criminal Code and Code of Criminal Procedure (adopted 28.01.1998), as well as in preparing the new Bill of General Principles of Penal Code which has now had its has first reading in the parliament.

A monograph by Prof. R. Narits, Methods of Law I, was published. Its key issues are: a systematic approach to the structure of law as a collecting science; The Multi Level Approach and the demonstration of the role of language in the context of perception of law.

A monograph by Prof. K. Merusk, Discretion of Administration and its Court Review, gives an overview of the historical development of the doctrine of discretion of administration and of contemporary approaches to this in legal theory and practice. On the basis of legal literature, the works of jurists and court practices of Germany, Austria, Switzerland, France, Italy and England are reviewed. The monograph attempts to find an answer to the question of which place discretion of administration occupies within Estonia’s legal order, on the basis of the Estonian Constitution and the principles, views and standpoints accepted within the European legal environment. In this context, Estonian court practices are analysed and conclusions are drawn.

Prof. J. Sootak’s monograph Criminal Policies – for the first time ever, the bases of criminal law in a constitutional state are presented in the Estonian language. The role of state, society and the individual in criminal law has been defined so important in the context of Estonian reform of criminal law and in building a legal order and democratising society. The concept of ‘legal benefit’, a material definition of crime, theories of punishment and a normative concept of guilt, being the focal issues of contemporary criminal policies and criminal law, have been analysed. The main problem addressed throughout the monograph is the bases and limits of interference in criminal law, being one of the central points of the criminal law of a constitutional state. Potential developments in criminal law and the major alternative models such as abolitionism and functional criminal law, Swedish criminal law and the criminal law of “social protection” have been treated separately. The purpose of the paper is to give a theoretical and legal-political motivation to Estonian reform of criminal law.

INSTITUTE OF PRIVATE LAW

Grant 2986 Theoretical Bases for Compilation of Labour Code upon Estonia’s Integration into Europe

Grant holders Prof. Inge-Maret Orgo, lecturer Merle Muda, lecturer GaabrielTavits.

The essence of labour law, its position in both private and public law spheres, general principles regulating labour relations and various methods for regulation of contracts of employment are scrutinised. A great amount of specialist literature, legislation and court cases were examined. Further attention was paid to the corresponding literature of Germany, Switzerland, Netherlands, Belgium, Finland and Sweden.

The authors were guided by international labour standards. Members of the work group concluded, on the basis of their research, that for Estonia it is currently most efficacious to regulate the relations between employees and employers as a whole by a Labour Code, incorporating the principles arising out of the law of obligations. This would ensure a stable regulation of labour relations and would not prejudice the development of Estonia’s legal system. Six scientific articles on the subject have been published and another three are pending.

The research paper was used to amend Part 1 of the Bill of Labour Code the preparation of which was ordered by the Ministry of Social Affairs.

Grant 1214 - New Civil and Commercial Law of Estonia

Grant holders: Professor Extraordinary P. Varul, Docent E. Ploom, Lecturer mag iuris I. Kull, lecturer mag iur H. Veinla, lecturer A.Vutt.

The methods of comparative law, complex research and historical research were used in the completion of the project to draw the conclusions necessary to analyse the laws, special literature and court practices of the countries whose legal systems contributed to that of Estonia: Germany, Austria, Switzerland, the Netherlands, Finland, Sweden, etc. Attention was paid to the examination of the potential effect of EU law on the Estonian legal system as a whole, especially with regard to the developments in civil and commercial law. Extensive materials were reviewed in order to mould conceptual standpoints for the Bill of Law of Obligations Act. As a result of the research, thirteen lecture courses were thoroughly renewed and three new courses prepared.

Based on the research, proposals have been made to introduce amendments and complements to the General Principles of the Civil Code Act.

Similarly, amendment proposals to the Bill of General Principles of the Law of Obligations Act have been formulated and presented to the work group preparing the Law of Obligations Act. Members of the work group have drafted a new Special Principles of the Law of Obligations Act concerning contracts for services, depository and loan agreements and securities. Another focus of the project was the harmonisation of Estonian environmental law with that of the European Community insofar as environmental liability in civil law is concerned. Related EC and Estonian legislation and appropriate special literature were reviewed. The results of the paper have been used in scientific publications, review of lecture courses, individual work with students (supervision of related Bachelor level papers) and in legislative drafting.

Within the framework of a specifically financed subject-matter Main Problems in Creation and Development of Estonian Private Law (1996-1998), the protection of computer programs and legal regulation of the importation and exportation of goods were scrutinised.

The project was undertaken by Assistants in International Private Law, Anne Kalvi and Andrus Siibak.

As a result of the paper, the corresponding provisions of the Copyright Act were compared with the EC directive on the protection of computer programmes, directive on the protection of data bases, the Bern convention, the WIPO agreement on copyright and the TRIPS agreement over some 30 pages. Concrete proposals and rationale were attached to the comparison concerning the amendment of the Copyright Act in order to protect computer programs and databases. Provided the Copyright Act is amended, authors of computer programs and databases would have adequate protection of the results of their work; the norms of copyright would be updated and harmonised in line with the requirements of the EU. The results of the paper have been used directly and as background information in A. Kalvi’s Master’s thesis Legal Issues of Publishing. Research and comparative analysis were extended in respect of the legal regulation of the importation and exportation of goods. As a result of the work, articles and papers introducing Estonian laws have been published. The Department of International Private Law, in conjunction with the Institute of National Economy of the Faculty of Economic and Business Administration published the textbook On the Legal Environment of Economic Activity in Estonia.

Annex 2

Master’s Theses Taken in the Faculty in 1993-1998. Theses Defended by the Staff of the Faculty Elsewhere

Master’s theses on the following subjects have been defended at the Faculty of Law:

1. Hannes Veinla “Töösuhete õiguslik reguleerimine põllumajanduses”. (Legal Regulation of Labour Relations in Agriculture). Defended on 30 June 1993 in Tartu. Master.

2. Vallo Olle “Kohaliku omavalitsuse tegevuse kontroll”. (Review of Activities of Local Governments) Defended on 30 September 1993 in Tartu. Master.

3. Luts “Friedrich Carl von Savigny (1779-1861) meetodi - ja süsteemiõpetus”. (The Study of Method and the System of Friedrich Carl von Savigny (1779-1861). Defended 30 September 1993 in Tartu. Master.

4. Toomas Anepaio “Eesti Vabariigi kohtunikekorpus 1918-1940”. (Corps of Judges in the Republic of Estonia in 1918-1940). Defended in 1994 in Tartu. Master.

5. Anu Pärtel “Alaealiste vastu suunatud seksuaalkuriteod”. (Sexual Crimes against Minors). Defended on 9 November 1995 in Tartu. Magister iuris.

6. Irene Kull “Lepingu sõlmimise õiguslik reguleerimine”. (Legal Regulation of Contract Conclusion). Defended on 24 April 1996 in Tartu. Magister iuris.

7. Merle Muda “Eesti tööseaduste täiustamisest integreerumisel Euroopasse”. (On Improvement of Estonian Labour Law Upon Integration into Europe). Defended on 17 June 1996 in Tartu. Magister iuris.

8. Gaabriel Tavits “Töötajale iseloomulikud tunnused tööõiguse rakendusala piiritlemise alusena”. (Characteristics of an Employee as the Basis of Definition of the Scope of Labour Law). Defended on 17 June 1996 in Tartu. Magister iuris.

9. Aaro Mõttus “Seaduse sõnastamine ja terminoloogia”. (Wording and Terminology of Laws). Defended on 17 June 1996 in Tartu. Magister iuris.

10. Piibe Jõgi “Kaasaegsed teooriad õiglusest anglo-ameerika õigusfilosoofias”. (Modern Theories of Justice in Anglo-American Philosophy of Law). Defended on 17 June 1996 in Tartu. Magister iuris.

11. Meris Sillaots “Kohtunikuõiguse võimalikkusest ja vajalikkusest kontinentaal-euroopalikus õiguskorras”. (On the Possibility of and Need for Judges Law in Continental European Legal System). Defended on 2 October 1996 in Tartu. Magister iuris.

12. Lasse Lehis “Õigusriigi põhimõtete rakendamine maksuõiguses ning maksumaksja õiguste kaitse (Eesti ja Saksamaa näitel)”. (Application of Principles of Constitutional State to Tax Law and the Protection of Rights of Taxpayers (Estonian and German case)). Defended on 27 June 1997 in Tartu. Magister iuris.

13. Margus Kingisepp “Tarbijalepingute õiguslik reguleerimine”. (Legal Regulation of Consumer Agreements). Defended on 27 June 1997 in Tartu. Magister iuris.

14. Andres Suik “Õiguslikud arengud endiste riigiettevõtete erastamisel - erastamise süsteemi otsingud Eesti Vabariigis aastatel 1991-1997”. (Legal Developments in Privatisation of Former State-Owned Enterprises – Search for Privatisation Systems in the Republic of Estonia in 1991-1997). Defended on 27 June 1997 in Tartu. Magister iuris.

15. Tambet Tampuu “Kuriteoga saaduks peetava vara kriminaalmenetluslik väljaandmine seaduslikule valdajale”. (Restitution of Property Deemed to Have Been Obtained by Crime to Its Lawful Possessor Under the Criminal Procedure). Defended on 11 February 1998 in Tartu. Magister iuris.

The following papers have been defended by the staff of the Faculty in other universities:

1. Tanel Kerikmäe The Need for Harmonised Interpretation on Human Rights. (Euroopa inimõiguste konventsiooni harmoniseeritud tõlgendamise vajadus). Helsinki University of Helsinki, 1993/94.a, 101 pages. Diploma of Master of Laws Programme, at the University of Helsinki, Faculty of Law, Helsinki 04.02.1994.

2. Silvia Kaugia “Elanikkonna kriminaalse aktiivsuse sotsiaalmajanduslikud tegurid (Kirde-Eesti tööstusregiooni materjalide alusel)” (Socio-Economic Factors of the Criminal Activity of People (on the basis of the Northeast Estonia’s industrial region). Tartu, 1994; Master of Sociology.

3. Toomas Sillaste Protection of Minorities in the Baltic States. (“Vähemuste kaitse Balti riikides”). University of Notre Dame, J.S.D, 09.06.1995.

4. Tanel Kerikmäe “The Impact of the European Convention on Human Rights to Estonian Legal System” (Euroopa Inimõiguste konventsiooni mõju Eesti õiguskorrale). LL.Lic. Helsinki, Helsinki University, 1997.

5. Peeter Roosma “Methods of Constitutional Interpretation in the System of Cheks and Balances: Development and Practice of Constitutional Review in Estonia”. Master of Law. Budapest, Central European University. 31.03.1998.

Annex 3

Participation of Academic Staff as Heads or Members of Work Groups (Authors) in Drafting Bills in 1991-1998

INSTITUTE OF PUBLIC LAW

Prof. R. Narits

Head of Work Group

Bill of State of Emergency Act (adopted in 1995)

Bill of Emergencies Act (adopted in 1995)

Member of Work Group (author of Bill)

Bill of State Gazette Act (adopted in 1993)

Bill of Government of the Republic Act (adopted in 1995)

Revised Bill of Administrative Court Procedure Code (presented to Ministry of Justice in 1996)

Prof. K. Merusk

Head of Work Group

Bill of Code of Administrative Offences (adopted in 1992)

Bill of Research and Development Activities Act (adopted as Research Organisation Act in 1994)

Bill of National Library Act (1997)

Member of Work Group (author of Bill)

Bill of State Gazette Act (adopted in 1993)

Bill of Higher Educational Establishments Act (adopted as the Universities Act in 1995)

Bill of Emergencies Act (adopted in 1995)

Bill of State of Emergency Act (adopted in 1995)

Bill of Government of the Republic Act (adopted in 1995)

Public Service Act (adopted in 1995)

Bill of Procedure for Bringing Charges Against the President of the Republic and Member of the Government of the Republic Act (adopted in 1995)

Bill of Procedure for Bringing Criminal Charges Against Member of the Riigikogu, Auditor General, Legal Chancellor, Chief Justice of the Supreme Court and Member of the Supreme Court Act (adopted in 1995)

Revised Bill of Administrative Court Procedure Code (presented to the Ministry of Justice in 1996)

Visiting Professor
to University of Tartu E. Kergandberg

Head of Work Group

Bill of Code of Criminal Procedure (presented to the Ministry of Justice)

Member of Work Group (author of Bill)

Bill of Organ Transplantation Act (currently drafted)

Bill of Code of Criminal Procedure (1996)

Prof. emeritus H. Lindmäe

Member of Work Group (author of Bill)

Bill of Code of Criminal Procedure (presented to the Ministry of Justice)

Visiting Professor
to University of Tartu J. Põld

Head of Work Group

Bill of Employees Disciplinary Punishments Act (sole author, adopted in 1993)

Bill of Government of the Republic Act (adopted in 1995)

Bill of Referendum Act

Bill of Public Service Act (adopted in 1995)

Member of Work Group (author of Bill)

Bill of Contracts of Employment Act (adopted in 1992)

Bill of Constitution of the Republic of Estonia (adopted in 1992)

Prof. J. Sootak

Head of Work Group

Bill of Minors Responsibility Act (adopted in 1998)

Bill of Procedure for Bringing Charges Against the President of the Republic and Member of the Government of the Republic Act

Bill of Procedure for Bringing Criminal Charges Against Member of the Riigikogu, Auditor General, Legal Chancellor, Chief Justice of the Supreme Court and Member of the Supreme Court Act (adopted in 1995)

Artificial Insemination and Protection of Embryo Act (adopted in 1997)

Bill of General Principles of Penal Code (presented to the Ministry of Justice in 1997)

The chapter “Crimes against Property” in the Bill of Special Principles of Penal Code (presented to the Ministry of Justice in 1997)

Member of Work Group (author of Bill)

Narcotic and Psychotropic Substance Act (adopted in 1997)

Visiting Professor
to University of Tartu (1996) E.-J. Truuväli

Head of Work Group

Bill of Constitution of the Republic of Estonia (adopted in 1992)

Dr. P. Pruks

Member of Work Group (author of Bill)

Bill of University of Tartu Act (adopted in 1995)

Docent H. Saarsoo (deceased in 1997)

Member of Work Group (author of Bill)

Bill of Minors Responsibility Act (adopted in 1998)

Bill of Code of Criminal Procedure (1996)

Docent J. Odar

Head of Work Group

Bill of Code of Conduct of Civil Cases (adopted in 1993)

Member of Work Group (author of Bill)

Bill of Code of Civil Court Procedure Act (presented to the Ministry of Justice in 1997)

Docent I. Koolmeister

Member of Work Group (author of Bill)

Bill of Code of Administrative Offences (adopted in 1992)

Bill of State Gazette Act (adopted in 1993)

Bill of Government of the Republic Act (adopted in 1995)

Bill of Referendum Act

Docent J. Ginter

Head of Work Group

Digital Signature Act (1997)

Member of Work Group (author of Bill)

Bill of Minors Responsibility Act (1996)

INSTITUTE OF PRIVATE LAW

Professor Extraordinary P. Varul

Head of Work Group

Bill of Principles of Ownership Reform Act (adopted in 1991)

Bill of Land Reform Act (adopted in 1991)

Bill of Commercial Lease Act (adopted in 1991)

Bill of Foreign Investments Act (adopted in 1991)

Bill of Bankruptcy Act (adopted in 1992)

Bill of Law of Property Act (adopted in 1993)

Bill of General Principles of the Civil Code Act (adopted in 1994)

Member of Work Group (author of Bill)

Bill of Associations Act (adopted in 1992)

Bill of Family Act (adopted in 1995)

Bill of Law of Succession Act (adopted in 1996)

Bill of Registered Immovables Act

Bill of Commercial Code (adopted in 1995)

Bill of Law of Obligations Act (currently drafted)

Prof. I.-M. Orgo

Head of Work Group

Bill of Contracts of Employment Act (adopted in 1992)

Bill of Working and Rest Time Act (sole author, adopted in 1994)

Bill of Individual Labour Dispute Resolution Act (adopted in 1996)

Part One of Bill of Labour Code (delivered to the Ministry of Social Affairs in 1997)

Member of Work Group (author of Bill)

Bill of Education Act (adopted in 1992)

Bill of Higher Educational Establishments Act (adopted as the Universities Act in 1995)

Bill of University of Tartu Act (adopted in 1995)

Bill of Research Organisation Act (adopted in amended form in 1994)

Bill of Public Service Act (adopted in 1995)

Bill of Trade Unions Act (delivered to the Ministry of Social Affairs in 1996)

Bill of Vocations Act (currently drafted)

Visiting Professor
to University of Tartu H. Pisuke

Head of Work Group

Bill of Copyright Act (adopted in 1992)

Bill of Accession to the Bern Convention on Protection of Works of Literature and Art Act (adopted in 1994)

Bill to Amend Criminal Code and Code of Administrative Offences (adopted in 1995)

Member of Work Group (author of Bill)

Bill of General Principles of the Civil Code Act (adopted in 1994)

Bill of Foreign Investments Act (adopted in 1991)

Bill of Vocations Act (currently drafted)

Prof. emeritus H. Siigur

Head of Work Group

Bill of Salary Act (sole author, adopted in 1994)

Member of Work Group (author of Bill)

Bill of Education Act (adopted in 1992)

Bill of Contracts of Employment Act (adopted in 1992)

Part One of Bill of Labour Code (delivered to the Ministry of Social Affairs in 1997)

Docent H. Sepp

Member of Work Group (author of Bill)

Bill of Dwelling Act (adopted in 1991)

Bill of Planning and Building Act

Bill of Law of Obligations Act (currently drafted)

Bill to Amend Dwelling Act (presented to the Ministry of Justice in 1997)

Docent E. Ploom

Head of Work Group

Bill of National Stockpiles Act (adopted in 1994)

Bill of State Procurement Act (adopted in 1995)

Member of Work Group (author of Bill)

Bill of Law of Obligations Act (currently drafted)

Bill to Amend State Procurement Act (adopted in 1996)

Bill to Amend National Stockpiles Act (currently drafted)

Lecturer H. Veinla

Head of Work Group

Bill of Natural Objects Protection Act (adopted in 1994)

Member of Work Group (author of Bill)

Bill of Protection and Use of Fauna Act (currently drafted)

Bill of Environmental Supervision Act (currently drafted)

Bill of Law of Obligations Act (currently drafted)

Environmental Supervision Act (adopted in 1997)

Genetically Modified Organisms Act

Revised Fishing Act

Revised Forest Act (presented to the Government)

Assistant A. Siibak

Member of Work Group (author of Bill)

Bill of Foreign Investments Act (adopted in 1991)

Bill of Law of Obligations Act (currently drafted)

Assistant A. Kalvi

Member of Work Group (author of Bill)

Bill to Amend Criminal Code and Code of Administrative Offences (adopted in 1995)

Bill to Amend Copyright Act (1997)

Lecturer A. Vutt

Head of Work Group

Bill of Commercial Code (adopted in 1995)

Member of Work Group (author of Bill)

Bill of Law of Property Act (adopted in 1993)

Bill of Commercial Pledge Act (adopted in 1996)

Bill of Law of Obligations Act (currently drafted)

Bill of State Assets Act (adopted in 1995)

Bill of Investment Funds Act

Bill to Amend Commercial Code (adopted in 1996)

Auditors Act (currently drafted)

State Guarantee of Export Act (1997)

Lecturer I. Kull

Member of Work Group (author of Bill)

Bill of Family Act (adopted in 1994)

Bill of Law of Obligations Act (currently drafted)

Bill to Amend General Principles of the Civil Code Act (1997)

Assistant U. Liin

Member of Work Group (author of Bill)

Bill of Law of Obligations Act (currently drafted)

Lecturer P. Kama

Head of Work Group

Bill of Code of Enforcement Procedure Act (part of civil enforcement, adopted in 1994)

Bill of Trade Register Act (adopted in 1995 as a part of the Commercial Code)

Member of Work Group (author of Bill)

Bill of Commercial Code (adopted in 1995)

Bill of Courts Act (currently drafted)

Bill of Legal Service Act (currently proceeded by the Government)

Bill of Bar Association Act (currently proceeded by the Government)

Bill of Public Restriction of Economic Activity Act (currently proceeded by the Government)

Bill of Procedure of Civil Enforcement Act (currently drafted)

J. Ots

Head of Work Group

Bill of Code of Administrative Procedure (currently drafted)

Bill of Civil Procedure (currently drafted)

Member of Work Group (author of Bill)

Bill to Amend Code of Conduct of Civil Cases (currently drafted)

Bill to Amend Family Act (currently drafted)

Docent E. Salumaa

Member of Work Group (author of Bill)

Bill of Family Act (adopted in 1994)

Bill to Amend Code of Conduct of Civil Cases (currently drafted)

Bill to Amend Family Act (currently drafted)

Lecturer G. Tavits

Member of Work Group (author of Bill)

Part One of Bill of Labour Code (1996)

Bill of Trade Unions Act (1996)

Bill of Courts Act (1997)

Lecturer M. Muda

Member of Work Group (author of Bill)

Part One of Bill of Labour Code (1996)

Bill of Trade Unions Act (1996)

Doctoral student M. Luts

Member of Work Group (author of Bill)

Artificial Insemination and Protection of Embryo Act (adopted in 1997)