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Paris, Marie-Luce
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Paris, Marie-Luce
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Paris, Marie-Luce
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- PublicationLegal Education in Ireland: A Paradigm Shift to the Practical?Irish legal education is under increasing pressure to reform and reinvent itself in the face of various challenges, especially those implied by the Bologna process. In line with two of the main priorities of the process, namely employability and student-centred learning, a growing number of Irish law faculties have incorporated, or are planning to incorporate, more practice-related components into the law curriculum and, in some cases, a fully fledged Clinical Legal Education programme. This is an important shift in the paradigm of legal education in Ireland which should be welcomed and encouraged by all stakeholders – students, academics, practitioners, judges and those involved in myriad capacities in the administration of justice. In the first part, a comprehensive presentation is given about the general structure of legal education in Ireland dealing with the main legal education providers, academic and professional requirements for legal training, as well as figures on the legal population and the approximate cost of legal education. The second part goes on to consider three views about the role of practice in Irish legal education, namely the 'traditional' view, the 'holistic' view and the 'clinical' view. These schematically presented views reflect different perspectives on the nature and purpose of legal education. They do not necessarily compete with each other, especially the last two which could arguably complement one another in the general renewal that Irish legal education is facing at the moment. The traditional view is that the status quo, i.e., in which practical elements are not a big feature of legal education at third level, has worked well and should, more or less, be preserved. The holistic view encourages the teaching of some element of practical preparation, but that this can best be provided to students by third level institutions through interdisciplinary courses that put law in context.
1294 - PublicationEuropeanization and Constitutionalization: The Challenging Impact of a Double Transformative Process on French LawThe European construction in its widest sense, whether referring to the integration of the European Union (EU) or the development of the European Convention on Human Rights (ECHR) system, has given rise to interesting processes, namely a process of Europeanization and a process of constitutionalization. Europeanization is an encompassing concept used in political science where the literature on European integration increasingly employs the notion to assess the European sources of domestic politics. It generally refers to a process taking place at, or affecting, the national level whereby domestic adaptation and changes are required by European integration including, in its broadest sense, the legal aspects of the changes. Europeanization thus encompasses Europeanization of law. Europeanization should not be limited to the EU context as Europeanization is more than just EU-ization and can refer to the impact of other institutions or systems which are highly intertwined with the EU in terms of organization and even identity, such as the Council of Europe in the area of human rights. Europeanization also embraces the parallel influence of ECHR law.
527 - PublicationPaving the Way : Adjustments of Systems and Mutual Influences between the European Court of Human Rights and European Union Law before AccessionThe negotiations on accession of the EU to the ECHR successfully ended on April 5, 2013. While they remain, until accession, autonomous and separate from an institutional point of view, the two European legal orders have not developed in isolation. Just as the CJEU has done vis-à-vis the Strasbourg system, the ECtHR has had to take into account the law emanating from the EU. Accession is admittedly viewed as a simplification, or at least a standardisation, of the relationship between the two European systems and the two courts. However, the pressure put on the ECtHR in this regard must not be overlooked. Having implicitly assumed a leading role in the management of the interaction of the two systems and the interdependence of the two bodies of case law before accession, the ECtHR will formally inherit that responsibility thereafter. This article seeks to contribute to the extensive literature on accession by assessing the case law on the relationship between the ECtHR and EU law prior to accession. In particular, taking stock of the reasoning of the ECtHR helps our understanding of how the court has paved the way for accession and how its EU-related case law is relevant for the further development of the European public order postaccession.
518 - PublicationChallenging Exchange Programs: Studying the Common Law and Civil Law Systems in a Joint Law DegreeThe demands of globalization have put greater pressure to internationalize the university law curriculum in order to prepare students as lawyers. This is particularly relevant in the context of the European Union. A particularly challenging type of programme regarded as a potentially useful tool to further the internationalization and integration of European higher education and to make the European Higher Education Area (EHEA) a reality is the joint degree. It is broadly defined as a degree awarded on the basis of completion of a study programme established and provided jointly by two or more higher education institutions, normally located in different countries. This paper offers a case study on a particular joint law degree which involves the study of the two major legal systems of common law and civil law – namely the University College Dublin Bachelor of Civil Law/Maîtrise (Irish/English law and French law) Degree. While emphasis is put on the challenges and benefits of teaching and learning in such a degree, the experience is put into perspective with other exchange programmes involving French legal studies. Sustaining a whole range of exchange programmes in a law school prompts wider reflections on how to meet the paradoxical challenge of diversity and integration in the context of European legal education.
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