Sectoral Benchmarks in Law

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 18

Sectoral Benchmarks in Law

The First and Second Cycles of the Higher Education

VI and VII levels of the National Qualifications

Framework
I. Introduction

This Sectoral Benchmarks1 is a standard of the academic education, which defines minimum requirements
of the learning outcomes necessary for granting the qualification for the educational programmes of the I
and II cycles in the field of Law; furthermore it defines teaching and learning, and evaluation approaches
necessary for achievement of those learning outcomes. Validity period of the Sectoral Benchmarks is 7
years.

This Sectoral Benchmarks defines the key characteristics and capabilities required from a Bachelor of Laws
and a Master of Laws.

The goal of the Sectoral Benchmarks in Law is to facilitate the development of Bachelor’s (I cycle) and
Master’s (II cycle) educational programmes, student mobility, international recognition of qualifications,
entering thelegal profession and employment.

Sectoral Benchmarks in Law describes the knowledge, skills, responsibilities and autonomy that a student
will acquire upon completion of a bachelor's/master's degree programmes in law. 2

A person should be familiar with this Sectoral Benchmarks if he/she participates in the development,
implementation and discussionof bachelor’s/master’sprogrammes in law or courses envisaged by the
curriculum of the educational programmes in law.

It is recommended to introduce this Sectoral Benchmarks to the following:

 An entrant who desires to study Law. A student who is interested in what knowledge, skills and
competencies he/she will acquire after completing a bachelor's/master's degree programmes in law;
 An employer who wants to get information about the knowledge,skills and competencies of a graduate of
a BA/MA programmes in Law.

1 Sectoral Benchmark -an intermediate document linking the National Qualifications Framework to an educational programme
with the aim of ensuring the diversity and flexibility of educational programmes. It describes the minimum learning outcomes to be
achieved by the holder of the qualification of the relevant cycle and of the field/sector of study.
2 Formulation of learning outcomes in the educational programmethrough principle of diving them according to the knowledge,
skills, responsibility and autonomy is not mandatory.
This Sectoral Benchmarksmust be followed by all higher education institutions where bachelor’s and/or
master’sprogrammesare implemented. In addition, the detailed content of the bachelor's/master's degree
programmes in law, as well as the teaching and learning, and assessment methods are determined by each
higher education institution according to the current legislation of Georgia.

The compliance of the bachelor's and/or master's degree programmes in law with the Sectoral Benchmarks
can be monitored periodically, based on the current accreditation standards and relevant procedures.

The Sectoral Benchmarks describes the field of law, the learning outcomes required for the academic degree
of Bachelorand Master in Laws, teaching-learning and assessment methods, and other additional
information.

The provisions defined by this Sectoral Benchmarks, except for the ones of recommendatory nature, are
mandatory for all higher education institutions which implement BA or/and MA programmes in Law.

The basis for updating the Sectoral Benchmarks in law is to bring this document in line with the existing
National Qualifications Framework and the requirements of the employment market.

II. Description of the Field of Study

Law is a system of mandatory rules of conduct a supreme value of which isa human. The purpose of law is to
create an order in which a person feels protected and will be able to exercise his or her rights without
hindrance within personal autonomy. The order is established by law and through its proper definition,
during which it is necessary to uphold supremacy, proportionality, determinism, consistency, efficiency and
other fundamental principles of law.

The legal profession serves the protection of human rights, the realization of the purpose of law, the
provision of justice with the maximum balance of private and public interests.

The Bachelor’s programme in Law is a means of entering/employing in the profession of a lawyer in the
private or public sector, including public authorities. In addition to the academic degree of Bachelor of
Laws, a prerequisite for entering the profession of a lawyer, notary and prosecutor is passing the relevant
qualification exam defined by the current legislation.

Prerequisite for admission to the Master’sprogramme in Law is the academic degree of Bachelor of Laws.
Obtaining a master's degree in law or in any of its detailed/specific fields, along with other requirements set
by current legislation, is a prerequisite for entering the profession of a judge.

The academic degree in detailed/specific field of Law (Public, Criminal or Private Law) as well as the
academic degree of the Master of International Law is equivalent to the academic degreeof Master of Laws.

III. Learning outcomes

The learning outcomes provided by the Sectoral Benchmarks aims at the acquisition/development of
knowledge, skills and values that are required for a student upon graduation of the relevant cycle
(Bachelor’s or Master’s).

The learning outcomes given in the Sectoral Benchmarks consider the minimum requirements. HEIs can
determine other outcomes for the educational programme based on the best international practices and
modern achievements/experience in the field.

3.1. Learning outcomes required to earn a Bachelor's Degree in Law

3.1.1. Knowledge and Understanding

Upon completion of the Bachelor of Lawsprogramme,a student describes the following:

 The essence of the law, the system, the basic principles, the legal systems, the historical sources of
Georgian law;
 The main theories, rules, principles and peculiarities of the sectoral teaching courses provided by the
curriculum of the Bachelor's educational programme in law, including the following:
 The conceptual and value issues of human rights, principles of restraint and peculiarities of the
national mechanism of protection, basic principles of state organization and peculiarities of the
national model, forms of activity of administrative bodies, peculiarities of constitutional and
administrative proceedings;
 The system of private law, general concepts and principles of civil law, national mechanisms for the
protection of entrepreneurial freedom and the right to work, the peculiarities of civil proceedings;
 The principles of criminal law, essence and types of crime, punishment system, stages and
peculiarities of criminal proceedings;
 The system of international law, basic principles, institutions, mechanisms of international legal
responsibilities, the correspondence between international and national law.

 Determines the causes of the legal dispute, its main features and ways to resolve them through legal
means.

3.1.2. Skill
Upon completion of the Bachelor of Laws programme, a student:

 recognizes complex and unforeseen problems in the field of law and develops appropriate ways to solve
them using standard and/or some recent methods;
 analyzes the norms, sources, methods of law to determine the factual circumstances of the case, evaluate
them, substantiate positions in legal dispute, take specific legal actions and solve other legal tasks;
 prepares legal documents, including civil and administrative agreements, legal acts, procedural
documents, individual and normative administrative acts; develops research or practical projects
according to the pre-defined guidelines;
 develops dispute resolution strategies and tactics, taking into account legal means and ethical norms
forresolving disputes;
 discusses his/her ideas, existing legal problems and ways to solve them with specialists and non-
specialists orally and in writing, using appropriate information and communication technologies;
 searches and selects required information including national and international law sources, legislative
changes, court practice, scientific news, through electronic library systems and other databases and basic
legal information systems.

3.1.3. Responsibility and Autonomy

Upon completion of the Bachelor of Laws programme, a student:

 recognizes the need for ethical standards of a lawyer, acts within the norms of ethical and professional
conduct of a lawyer, respects human rights, participates in the relevant legal process taking into account
legal values;
 conducts development-oriented activities for themselves and others, adhering to the basic principles of
individual and team work;
 demonstrates the ability to constantly update their knowledge, adhering to the principle of "lifelong
learning".

3.2. The necessary learning outcomes for obtaining the Master's Degree in Law:

3.2.1. Knowledge and Understanding

Upon completion of Master of Laws programme, a student describes the following:


 Achievements of national and foreign law, development perspectives and main trends, as well as
problems of interconnection and interrelation of international and national law;
 Methodological concepts and principles of modern legal science, current problems of legal science,
modern sectoral methods of scientific research, rules of academic integrity and issues of academic
ethics. Also, the basic rules and principles of creating professional scientific texts;
 Trends, challenges and shortcomings in the development of modern national legislation, the main
ways of its improvement and solution;
 Basic methodological principles of practical problem solving, by generalization of national and
foreign experience, latest national and international court practice;
 Rules of judicial ethics, including issues of communication of a judge with the public and the
peculiarities of judges' disciplinary proceedings.

 Explains the importance of the influence of EU law on the development of Georgian law;
 Defines the essence of comparative law and the purpose of using the comparative legal method.

3.2.2. Skill

Upon completion of Master of laws programme, a student:

• analyzes current legislation, case law, legislative innovations, the latest scientific research and
develops its own original legal conclusions on ways to solve complex problems in practice and/or to
improve legislation;
• assesses the factual circumstances of a legal case, non-standard legal situations, finds legal gaps,
identifies complex problems and develops new, original ways of solving them; determines the
positive and negative consequences of his/her own decisions;
• explains the norms of law at the professional level, based on the comparative interrelation between
the norms of domestic and international law;
• identifies the actual scientific legal problem, develops scientific ways to solve it, plans the scientific
research process on current issues of law, systematizes primary data, complex or incomplete
information obtained from various sources, including foreign legal information resources, using the
latest research methods and approaches and develops a research project/paper in compliance with the
standards of academic ethics;
• communicates in writing and orally about the results, conclusions and arguments of his/her research
with the academic, complex and professional community, adhering to the principles of academic
integrity.

3.2.3. Responsibility and Autonomy


Upon completion of Master of Laws programme, a student:

• respects the standards of judicial ethics, value aspects of a judge (impartiality, impregnability,
equality, competence and diligence) and, if necessary, participates in the development of these values
to ensure a fair balance between the interests of the parties;
• recognizes and respects the rules of academic integrity, ethical results of scientific research, receives
guidelines for managing complex, unpredictable or multidisciplinary material or environment.
Including, he/she plans and manages work time, developsa strategic approach to research, to prepare
a paper;
• participates in the development of professional knowledge and legal practice, uses strategic
approaches and/or innovative ways of problem solving, assists colleagues and shares his/her own
experience;
• demonstrates the ability to find the latest information autonomously and to study the field of law
independently;
• takes responsibility for their own and others' activities, and professional development, creates
conditions for reaching a common team decision;
• expresses respect for democratic values, recognizes the need for a balance between freedom and
responsibility in a democracy.

Note: Learning outcomes in the development of master's programmes in international law, public law,
criminal law or private law should be based on the respective fields of study.

IV. Teaching, Learning and Assessment

To achieve the goals and learning outcomes of the Bachelor/Master of Laws programmes, as well as to
ensure the evaluation of learning outcomes, it is important to select methods of teaching relevant to the
goals and learning outcomes of the programme and to use adequate methods for assessing learning
outcomes. Teaching and learning methods should help a student to gather new information, draw
conclusions independently, think independently and deepen knowledge.

When choosing teaching and learning methods, the cycle of education should also be taken into account.
With the transition from a bachelor's degree in law to a master's degree in law, the use of problem-based
and research-based teaching approaches should be more intensive. This helps a student to develop the
ability to plan and implement research independently.

Student assessment monitors the quality of learning, determines the level of student achievement in relation
with the objectives set by the course. The student assessment system should ensure the outcomes defined by
the curriculum and each course of study.
Student assessment should be multi-component and ensure assessment of the objectives and learning
outcomes of each course, which shall be achieved using specific and measurable criteria.

Student evaluation shall be based on four main principles of evaluation: impartiality, reliability, validity,
transparency.

The following are the most common teaching methods and student assessment systems, although they are of
a recommendatory nature for the HEIs. The curriculum/syllabus/module of each course of the
bachelor's/master's degree programmes in law may include both these and other methods. In addition,
when selecting teaching and learning, and student assessment methods, it is important to achieve the
learning outcomes defined by this Sectoral Benchmarks.

4.1.Teaching and Learning Methods3

The plan/syllabus/module of each course provided in the BA/MA Laws programmes shall consider ways
(methods) to achieve the goal of the course, which should be based on the principles of student-oriented
teaching.

The teaching and learning methods provided in the plan/syllabus/module of the teaching course shall be
appropriate to the cycle of teaching, the objectives and content of the specific teaching course. Teaching and
learning methods should be focused not only on acquiring ready-made knowledge, but also on developing
skills.

Teaching and learning methods, depending on the specifics of the teaching course, should ensure the
achievement of the learning outcomes provided by the plan/ syllabus/module of the course, while the
combination of existing teaching methods should ensure the achievement of learning outcomes provided by
the programme.

When selecting teaching and learning methods, the aim of the course and the expected outcomes such as
what a student should know and what he/she can do, should be determined. Accordingly, the teaching and
learning methods provided in the plans/modules/syllabi of the course should facilitate not only the
mastering of specific material, but also the development of general/sectoral skills.

The following teaching and learning methods can be used to implement the teaching component of the
BA/MA educational programmes in Law:

3
Method -ways to achieve the goal. Teaching method - purposeful action of the lecturer to develop relevant competence in
students.
 A lecture;
 Practical work (working in the work-group, seminar, learning practice);
 Electronic learning (learning via electronic resources);
 etc.

4.2. Activities to be used in teaching and learning methods

The teaching and learning method may include relevant activities. Activities used in the process of teaching
and learning complete and complement each other. The academic and invited staff implementing the
programme may use one, several, or any of the other activities listed below, depending on the specific
learning objective.

It is recommended to use the following activities in the teaching and learning process, in relation to each
learning outcome:

Knowledge and Understanding:

 Induction, deduction, analysis;


 Working on a book;
 Writing;
 Verbal explanation;
 Demonstration;
 Case study;
 Independent study:
 Problem-based learning (PBL);
 Brainstorming;
 etc.

Skill:

 Learning By Design (LBD);


 Roleplays and situational games;
 Case study;
 Brainstorming;
 Heuristic method;
 Collaborative work;
 Discussion/debates;
 Analysis;
 Problem-Based Learning (PBL);
 Working on a project and presentation (oral, Power Point and so on);
 Practical methods;
 etc.

Responsibility and Autonomy:

 Independent learning(preparation of an essay, report, project, review);


 Problem-Based Learning (PBL);
 Discussions/Debates during which the student will be able to demonstrate skills in understanding
ethical norms and reasoning;
 etc.

4.3 Student Assessment

During the implementation of the BA/MA educational programmes in Law, the level of achievement of
learning outcomes by a student shall be assessed according to the assessment system approved by the Order
N3 of the Minister of Education and Science of Georgia of January 5, 2007 "on the Rule of Calculation of
Higher Education Programmes with Credits.”

4.4. Evaluation Components and Methods

Assessment forms (midterm and final assessment) provided in a plan/syllabus/module of each teaching
course of the bachelor's/master's degree programmes in law may include assessment components that define
how students' knowledge and/or skills and/or competencies are assessed:

 Oral examination;
 Written examination;
 Oral quiz;
 Written quiz;
 Homework;
 Theoretical work;
 Practical work;
 etc.

The assessment components envisaged by the plan/syllabus/module of each teaching course of the
bachelor's/master's degree programmes in law may incorporate the following uniform assessment methods:
 Test;
 Quiz;
 Open question;
 Essay;
 Demonstration;
 Presentation in Georgian and in foreign language;
 Report;
 Seminar report;
 Written work, literature review;
 Questions-Answers;
 Completion of a practical assignment;
 Completion of a theoretical assignment;
 Completion of a group work;
 Participation in discussions/debates;
 Case solving.
 Case review/analysis;
 Participation in a mock process;
 Role play;
 Simulation;
 Activity during practical work;
 Demonstration of completed practical work;
 etc.

Assessment methods should be measured by the assessment criteria, i.e. by the unit of measurement of the
assessment method, which determines the level of achievement of learning outcomes.

4.5. Development of Student's Practical Skills

The practical component is an essential component of a bachelor's/master's degree programmes in law. Its
purpose is to develop the necessary practical skills of a student.

The practical component should be planned and organized in a consistent and structured manner. It should
be closely related to the learning outcomes of the programme.

The specific model of the practical component, its content and form is selected by the HEI, taking into
account the resources, infrastructure, content, vision and concept of the educational programme.
Based on the international experience, there are numerous models for implementing the practical
component. In the educational programme it can be represented by a practical component built into the
theoretical courses, in the form of an independent practical course/courses, so called active practice (legal
clinic) or otherwise.

It is recommended to present thepractical component in the education programme oflaw in the form of
practical elements built into theoretical courses and the consistent implementation of an independent
practical course/courses.

The practical component built into the theoretical courses of the educational programme should focus on
the topics covered by the content of the relevant teaching course. In this case, an instant transfer of
theoretical knowledge and experience into practice takes place. This model of the practical component
should be pervasive in the programme and be intensive.

It is recommended that the practical component of the Bachelor of Laws programme be presented in the
form of an independent practical course/courses, which should be offered to the students at the final stage of
the programme. This model of the practical component involves a student carrying out activities on the spot
of the practical component independently. The aim of the mentioned course/courses is to summarize the
knowledge, skills, experience gained in theoretical courses and to apply them in practice.

Using the above model of the practical component at the Bachelor’s level, within the practical elements
built into the courses, a student is involved in practical activities from the very first stage of studying on the
programme, while the summative practical course/courses allow him/her to summarize, analyze, self-
evaluate and reflect on the theoretical and practical knowledge, skills acquired at different stages of the
programme.

The practical component provided under the Master of Laws programme should ensure a consistent
transition from passive practice to active practice.

It is recommended to present the practice in the Master of Laws educational programme in the form of so-
called active practice (e.g., legal clinic). Within the framework of active practice (legal clinic), a student
plans and carries out practical activities in agreement with and under the supervision of the internship
supervisor.
The plan/syllabus/module of the practical component of the Master of Laws educational programme should
describe in detail the purpose, content, learning outcomes, teaching and learning methods and activities,
student assessment mechanisms, etc. In such a case, the legal clinic process will be clear and consistent for
both the students and the on-site practice supervisors of the legal clinic.

Relevant partner organizations for the purposes of the programme should be selected for the
implementation of active practice (legal clinic). Terms of cooperation with partner organizations should be
defined by the cooperation document (memorandum, agreement).

The cooperation document should describe in detail the rights and responsibilities of the parties, including
the estimated number of students, the purpose and duration of the internship.

Within the framework of the Master of Laws educational programme, the University should develop a
mechanism for the implementation of the practical component of students, which takes into account the
format of the practical component, the number of students according to the format, human, material
resources, etc. of partner organizations.

It is recommended to determine the volume of the legal clinic in the Master of Law educational programme
within 15-30 credits.

The Master of Laws educational programme, in addition to active practice (legal clinic), should include a
model of practical elements built into the teaching courses, which focuses only on the topics covered in the
content of the relevant teaching course.In this case, an instant transfer of theoretical knowledge and
experience into practice takes place.

It is possible to carry out active practice (legal clinic) directly in the HEI, in the presence of relevant legal
services and infrastructure.

Adequate components, methods and criteria of evaluation should be used to evaluate the practical
component.

4.6. Development of Scientific/Research Skills

The teaching methodology of the Master of Laws educational programme should be research-oriented, which
should be preceded by research competency development course.
The research component should permeate the programme. Its consistent implementation should achieve the
development of research and scientific skills in students, which will be confirmed by a research paper
(master’s thesis) at the final stage of the programme.

The research component in the programme should be structured in a way to ensure that a student is
prepared for the planning and conducting the final research paper.

The preparation of the master's thesis should be preceded by theoretical and practical courses on research
skills, which will help students to study research methods relevant to the field of law and to develop
research interests.

To ensure a high standard of a master's thesis, the rules of planning, implementation and evaluation of the
scientific-research component should be developed within the framework of the master's degree
educational programme, which should describe in detail the master's thesis defense, evaluation procedures
and evaluation criteria.

The planning, implementation and evaluation of the research component should include step-by-step and
consistent processes, which imply systematization of research processes, including procedures for periodic
supervision of the research by the supervisor and feedback to a student.

Anyinterested person should be able to attend the defense of a master's thesis and engage in a discussion
about it. The Thesis Defense Committee may include both academic and invited staff involved in the
implementation of the programme, as well as external experts.

V. Additional Information

5.1. Academic Staff

The implementation of the bachelor's/master's degree programmes in law can be provided by the
appropriate number of qualified academic staff, as well as by invited specialists with relevant experience and
competencies.

The academic/invited staff implementing the Bachelor of Laws/Master of Laws programmes should ensure
that the programme is sustainable, stable, and effective, and that the learning outcomes of the programme are
generated for students.

5.2. Material Resources and Infrastructure

Given the specifics of BA/MA Laws programmes, there should be a well-stocked learning space in the HEI
that ensures that the goals of the educational programmes and the learning outcomes are achieved
bystudents considering their number. In particular, the following should be ensured:

 Teaching/Scientific-research centers;
 Space and inventory required to implement the practical component;
 Means of conducting mock courts;
 Information technology equipment and communication systems;
 Up to date book fund required for the implementation of the programme;
 The latest scientific periodicals in the field of law;
 Renewable legal bases;
 International Electronic Law Databases in the Field of Law;
 Respective learning materials;
 Other material and technical means that ensure the proper implementation of students' teaching and
learning and research, as well as the development of practical skills.

5.3. Legislation regulating entering the profession

Legislation regulating entering the profession includes the following:

 The Constitution of Georgia;


 Organic Law of Georgia on the Constitutional Court of Georgia;
 Organic Law of Georgia on Common Courts;
 Organic Law of Georgia on the Prosecutor's Office;
 Law of Georgia on Lawyers;
 Georgian Law on Notary;
 Other legislative and subordinate normative acts.

5.4. AcademicDegree to be Awarded:

 In case of completing the educational programme of the first cycle of higher education, a student is
awarded the qualification - "Bachelor" in the field of study indicated in the first column under the
detailed field of the classifier of the fields of study (Bachelor of Laws, Bachelor of International Law).
In addition, out of the 240 credits provided by the Bachelor of Laws programme, at least 180 credits
must be allocated to courses/subjects/modules relevant to the field of law;
 In case of completing the educational programme of the second cycle of higher education, a student
will be awarded the qualification - "Master" in the field of study indicated in the first column under
the detailed field of the classifier of the fields of study (Master of Laws, Master of International Law)
or in the field of study referred to in the 2nd column under the detailed field of the classifier of the
fields of study (Master of Public Law, Master of Criminal Law, Master of Private Law).
VI. Members of the group that designed the Sectoral Benchmarks

№ Name, Surname Organization/Institution Position


N(N)LE - New Professor, Chair of the
1. Kakhi Kurashvili
Vision University working group
Professor, Dean of the
School of Public
LLC Grigol Robakidze
2. Ana Pirtskhalashvili Administration and
University
Politics; Member of the
working group.

AssociatedProfessor
Head of Bachelor’s
Programme in Law
and Master's
LLC International Black Sea Programmein
3. Vakhtang Zaalishvili
University Comparative
Commercial Law.
Member of the working group.

Associated
LEPL - Ilia State University
4. Konstantine Chokoraia ProfessorHead of the
Quality Assurance
Service of the
School of Law.
Member of the working group.
LEPL -Ivane Javakhishvili Tbilisi AssociatedProfessor. Member of
5. Davit Bostoghanashvili the working group.
State University

Deputy Head of the Procedural


Management Division of the
Ministry of Internal Affairs of the Ministry of Internal Affairs of
Ioseb Khutsishvili Tbilisi Prosecutor's Office the Tbilisi Prosecutor's Office.
Member ofthe working group.
6.
LEPL - Shota Rustaveli GeneralDirector.Member of the
7. National Science working group
Zviad Gabisonia
Foundation of Georgia
AssociateProfessor. Member of
8. Mikheil Bitchia the working group.
LLC "European University"

Dean ofthe Faculty of Law,


Professor,Head of the BA of
LLC “ East European University" Laws programme andMA
9. Zviad Rogava programme of Public
Administration. Member of the
working group.
Professor of
International Law,
Head of the Law
Module of
International
Irine Kurdadze LEPL - Ivane Javakhishvili Tbilisi
10. Organizations;
State University Member of the
academic council.
Member of the
working group
Professor,Director of the
Training and Research
Center for Criminal Law and
11. International Cooperation in
Ketevan Khutsishvili LEPL - Ivane Javakhishvili Tbilisi
State University International Criminal Law.
Member of the working
group.
Chairperson of the board.
12. Member of the working
Marika Gogoladze LEPL- The Notary Chamber of Georgia
group.
Doctor of Law; Member of
the Executive Board of the
Bar Association, Chairman
13. LEPL - Ivane Javakhishvili Tbilisi of the Board of Education;
Irakli Kandashvili State University Member of the working
group.
Member of the Teachers’
14. Aleksandre Iashvili High School of Justice Council. Member of
theworking group.
Date of receipt of the Sectoral Benchmarks for Higher Education in Law by the Sectoral Council of theHigher
Education inLaw: 26/03/2020

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy