Cooperation and Development Section ■ Delegation of the European Union to China and Mongolia

Governance, Social Affairs and

Mongolia Section

Europe-ChinaSchool of Law

Europe-ChinaSchool of Law

Background

The Chinese system of legal education is often described as being static and highly centralised. The highly centralised administration holds the exclusive power to license, operate and evaluate law schools in conformity with a more or less unitary model. Unlike in China’s economic sector where experimentation is encouraged, it is not easy to create meaningful competition among public universities. ECSL provides therefore a unique opportunity for some changes to occur. The governmental agreement creating ECSL allows for the possibility to acquire partial autonomy in curriculum design, teaching methodology, textbook selection and programme management. This autonomy in education, while limited, can be a source for experimentation to develop alternative practices and trigger competition.

Project Overall Objectives

To support the Chinese Government in its efforts to develop a society based on the rule of law. The project will support and facilitate exchanges, cooperation and better understanding in the field of professional legal education between China and the European Union.

Specific Objectives

The project creates a LawSchool which operates in accordance with Chinese legislation under the auspices of the Chinese Ministry of Education. It is managed by a joint managerial board of Chinese and European directors. The School will be a permanent institution. The project aims at expanding the Chinese legal professionals' knowledge of European legal systems, legislation and best practices, as well as of international and comparative law. Its goal is also to improve access for women, members of minority groups and rural citizens to specialised legal education and professional training and contribute to creating durable links between Chinese and European legal professionals.

Estimated Project Results

At the end of the implementing period,

About 1000 students will have commenced studies the master programme out of which approximately 500 will have obtained a master degree conveyed by ECSL.

5000 judges and prosecutors and 600-700 lawyers and 800 European professionals will have participated in the professional training programme.

40-50 research projects will have been started and at least 1/3 of them will be completed in the implantation phase.

A graduate school will be established.

Main Programme Activities

1. The Master Programme offered to Chinese and international students leads either to a Chinese Master (J.M.), or to a Maser in European Law (LL.M.), or both. The Master Programme comprises a wide variety of modules on European and International law, focusing on a comparative perspective. The programme includes among others modules on

“Introduction to Law and Politics of the European Union

“Rule of Law and Human Rights”

“Introduction to WTO law”

“Judicial Procedures and Dispute Resolution”.

Each module consists of several courses given by different European scholars. Regular tutorials support the courses and provide for discussing and recapitulating the course content in small working groups.

In addition, non-Chinese students will be acquainted with their future host country in a 2-weeks summer school on Chinese law, language and culture, which is held in summer each year prior to the start of the Master Programme. Scholarships are available for both, Chinese and international students. Moot court competitions will be organised and internships may be conducted at international companies and law firms chosen mainly from the associates of the project.

Since the start of the CESL project there have been almost 500 students (481) admitted to the Master programmes,either as double master students or only taking the Master in European and International law (MEIL), and CLTE programme. Another 120-150 students are expected to start the double master programme and MEIL programme in September 2013.

2. The second pillar is the Professional Training Programme, which is tailored for the needs of the specific target groups, e.g. judges, prosecutors and lawyers but differentiates also between junior, middle and experienced practitioners. The courses offered can be divided in four main categories:

Courses on specific fields of law

Courses on practical skills and techniques

Courses on new legal developments and jurisprudence

Courses on Chinese law for European practitioners.

The duration of the courses vary between 2 days and 2 weeks. The Professional Training Programme of CESL are acknowledged by the respective professional associations and colleges in China to ensure an even higher benefit for the participants.

Since 2009, when this project component was started, until 2012, approx. 4000 judges, prosecutors and lawyers have been participating to the training sessions.

3. The third pillar is the Research and Consultancy Programme of CESL. The third pillar of the Law is the support for research; the Research Department involves practitioners in selected projects, specifically on Sino-European legal developments. The Research Department supports both specific research projects and joint Sino-European endeavours. In terms of substance, the focus is on supporting research work on the reform of Chinese legislation and the development of legislative initiatives. The spectrum of topics is already extremely varied, and will continue to develop over time. A Ph.D. Programme is part of the research pillar and should foster Sino-European research activities of young researchers. Scholarships for Ph.D. students and visiting scholars are available to support stays abroad for the purpose of research. Until the end of 2012, 16 Sino EU research projects have been funded by CESL Grants.

Project Contact Details

Rita Cauli

Updated time of fiche: January 2013

1