The Professional Bachelor – Law
National professional and degree programme profile for the Professional Bachelor - Law 2012 Credits
The Professional Bachelor - Law National professional and degree programme profile for the Professional Bachelor - Law
CROHO: 39205 The Professional Bachelor - Law Publication: July 2012
Adopted by the National Consultative Committee for the professional Bachelors of Laws degree programme (HBO-Rechten), in which the following universities of applied sciences (Hogescholen) participate: • Haagse Hogeschool • Hanzehogeschool Groningen • Hogeschool van Amsterdam • Hogeschool van Arnhem en Nijmegen • Hogeschool Inholland • Hogeschool Leiden • Hogeschool Utrecht • Fontys Hogescholen (Juridische Hogeschool) • Avans Hogeschool (Juridische Hogeschool) • Hogeschool Windesheim • Noordelijke Hogeschool Leeuwarden
Drawn up by the working group for updating the national professional and following persons: degree• programmeG.F.J. Hupperetz, profile LL.M. for he (Director Professional of Juridische Bachelor Hogeschool - Law, comprising Avans- the Fontys), chairman of the National Consultative Committee for the professional Bachelors of Laws degree programme • T.J.M. Joxhorst, LL.M. (Team leader Professional Bachelor - Law Hanzehogeschool) • Drs. M. Kok (Educationalist at the Hogeschool van Amsterdam) • E.M.Oudejans, LL.M. (Professional Bachelor of Laws degree programme manager at the Hogeschool van Amsterdam), chairman of the working group • R.A. Plantenga, LL.M. (Team leader for Professional Bachelor - Law at Haagse Hogeschool) • Drs. E.H.M. Verheijen, LL.M. (Educationalist at the Juridische Hogeschool Avans-Fontys) Foreword
More than a year ago the National Consultative Committee for the professional Bachelors of Laws degree programme (NCC Professional Bachelor - Law) took the initiative to form a working group to update the
Bachelor - Law1. This was in response to a number of signals from national professional and degree programme profile for Professional andprofessionals their employees, in the field which around had led the the country, NCC Professional the committees Bachelor of professionals, studies into the field of work and surveys among alumni updated. The working group was therefore given the task of revising and- Law tightening to the conclusion up the 2004 that version the profile of the needed national to beprofessional reviewed and with the current national and international frameworks for higher degree programme profile for the Professional Bachelor - Law, in line degreeeducation. programmes The profile at has universities been drawn of up applied also taking sciences account (‘Procedure of the op-procedure en vaststelling for drawing landelijke up and opleidingsprofielen adopting national bachelor-opleidingenprofiles for bachelor hogescholen’), as adopted by the General Meeting of the Netherlands Association of Universities of Applied Sciences on 15 October 2010. work has also served as a guideline. For example, all committees of professionalsBesides these at proceduresthe participating and universities frameworks, of theapplied national sciences field have of discussed and provided feedback on the initial draft version of the and submitted to the sectoral advisory board for higher economic educationnew profile. ( sectoraalBased on adviescollegethis feedback hogerthe draft economisch version was onderwijs amended - SAC). The recommendations of the SAC to consult a number of legal umbrella organizations as well formed the next step for the working group. The comments of the SAC together with those from a number of legal umbrella organizations are included in the latest draft which was submitted to the NCC Professional Bachelor - Law for approval.
This new national professional and degree programme profile for the 1 In this Bachelor - Law the following English terms are used for their Dutch equivalents: ProfessionalNational Bachelor professional - Law and for degree‘HBO-Rechten programme’, professional profile for Bachelor the Professional of Laws degree programme for ‘opleiding HBO-Rechten’ and professional Bachelor of Laws for ‘HBO jurist’.
3 THE PROFESSIONAL BACHELOR – LAW
Professional Bachelor - Law is the final result of all these efforts.
The profile has been written with a range of target groups in mind, namely the field Netherlands-Flanders of work, legal higher Accreditation education (including Organization. staff Furthermore,and students of the professional Bachelors of Laws degree programme), and finally Professional Bachelor - Law has not only the full text in Dutch, but also athe version new national in English professional and an abridged and degree version programme for the general profile forpublic. the
The profile once again sets out the requirements which graduates are expected to fulfil to enable them to respond to current developments in However,the field of a work. number This of makes aspects it ahave domain-specific been changed reference or tightened framework up in for the exit qualifications of the individual degree programmes. the• profileThe number compared of competences to the previous has version been reduced from 2004: from 10 to 7; • social developments, in the professional practice of the professionalThe profile gives Bachelors an outline of Laws; of current developments, including • The professional Bachelors of Laws has been positioned in comparison with the law graduate from a traditional research university, in terms of the career-based education path of vocational education, and placed in an international context; • The Netherlands Association of Universities of Applied Sciences’ strategic agenda ‘Dedicated to Quality’ has been revised and the standard for professional bachelor programmes (which is based
the professional Bachelors of Laws. The competences and skills whichon current a professional international Bachelors requirements) of Laws istypifies expected the tofinal possess level asof a minimum are explicitly described, including applied research, management and organization, general and legal information methods, social, communication and written skills as set out in the Body of Knowledge and Skills; • The position and working environment of each competence is described, together with an illustration of potential jobs to give
picture of professional practice. • the field of work, teachers and students a clearer illustrative started in September 2002. the Professional Bachelor - Law hasThe now first developed professional to Bachelors become one of of Laws the degree largest programmes professional education degree programmes with more than 10,000 students,
and is now firmly established in both the student market and
4 FOREWORD
professionally oriented, broadly based law programme with the labour market. A degree programme with a clear profile: a
servesufficient as a scope guide for for the institutions Professional and Bachelor students - Law to put curricula their andindividual the reforms stamp made on it withinto them that during broad the profile. coming This years profile and will
further updating of the degree programme. It can also be a useful assist in discussions with the field of work about the contents and labour market. tool in creating a stronger profile for new lawyers entering the differentiation, and graduates of the professional Bachelors of Laws degreeWe are programme convinced thatare ready the juridification to take on the of challenge. our society calls for job
Gerard Hupperetz, LL.M. Chairman LCC the Professional Bachelor - Law July 2012
5
Contents
Foreword 3
Contents 7
for the Professional Bachelor - Law 9 1. National professional and degree programme profile 1.2 Mission 12 1.1 Updating the profile 10
2.1 Current developments 13 2. Professional2.2 International profile dimension of the profession 1317 2.3 Positions and professional roles 18
3. Competences 21
4. Final level 29 4.1 Standard for professional bachelor programmes 29
5.6. ProfileInternational in legal positioning higher education of the professional Bachelors of Laws 3537
Sources 39
Appendix 1 – Transposition table of competences 41
Appendix 2 - Body of knowledge and skills (BoKS): common knowledge and skills basis for the professional Bachelors of Laws 43
Appendix 3: National professional and degree programme international and national standard levels 47 profile the Professional Bachelor - Law in relation to Appendix 4 – International positioning of the professional Bachelors of Laws 51
Appendix 5 Example of a Diploma Supplement 55
Appendix 6 – Details of universities of applied sciences, degree programmes and advisory committees of professionals 59
Appendix 7 – Summary of national professional organizations consulted 75
7
1. National professional and degree programme profile for the Professional Bachelor - Law
outline of the knowledge and competences professional Bachelors ofThe Laws national2 are professionalexpected to possess,and degree positioning programme the profile professional gives a inbroad the
Bachelors of Laws degree programme within the career-based educationlegal field of path work. of vocationalIn addition, education the profile (referred positions to the in Dutchprofessional as the ‘beroepskolom
’) and higher education. By doing so, the profile provides transparency and accountability towards professionals in the field and other relevant parties. The profile serves as the framework for the domain-specific requirements which the professional Bachelors of Laws degree programmes3 are required to fulfil. On this basis, each degree programme develops its own exit qualifications in combination practicewith its own of the profile. professional Bachelors of Laws in terms of national andThis international document describes developments the future therein field and of which work are and relevant professional to the inqualifications an overview of of the potential professional professional Bachelors roles of and Laws. jobs. The On position this basis, of the professional Bachelors of Laws in the field of work is also shown Bachelors of Laws is required to possess at bachelor level. These are relatedcompetences to the are international established requirements which each newly for the qualified bachelor professional level and the professional bachelor standard. Each competence is described with a number of critical professional situations which illustrate the professional role, professional branch and professional products in typical professional contexts.
2 Professional Bachelor of Laws (in Dutch: ‘HBO jurist’) refers to an individual who has graduated in law from a university of applied sciences (Hogeschool); cf. footnote 1. 3 See also Appendix 3 of the national professional and degree programme
profile. 9 THE PROFESSIONAL BACHELOR – LAW
1.1 Updating the profile
The Professional Bachelor - Law is a relatively new programme; the 4 The degree programme is offered by eleven universities of applied sciences (firsthogescholen graduates), theentered Open the University employment (OU) marketand three in 2007.private providers. Each provider interprets the national professional and degree the regional demand for professional Bachelors of Laws. A clear idea ofprogramme the professional profile Bachelorsin its own of way Laws to degreefit in with programme its own isprofile therefore and programmes, students and pre-university educational institutions. essential for the national and international field of work, follow-up The degree programme attracts many students, and evidently meets a of Laws as a new professional group affects the demand for lawyers. need in the field of work. The emergence of the professional Bachelors professional education level, or where a professional Bachelors of Laws We see an increase in the number of vacancies for specific legal jobs at Bachelors of Laws has developed in a relatively short time into that ofis explicitlyan independent being sought. higher Furthermore,education professional, the profile with of the evident professional added value for professional practice.
certainDue to developmentsamount of pressure, in the as national no distinction and international of titles is made field betweenof work, athe Bachelor title of ‘professional of Laws from Bachelors a university of Laws’ of applied is finding sciences itself under and a Bachelor of Laws from a research university. As a result, the addition of ‘Professional’ in the title ‘professional Bachelors of Laws’ has become a clear distinction to be made between the professional Bachelors of Lawssuperfluous. and the Nevertheless, lawyer graduating in the from Dutch a traditionalcontext at presentresearch there university. is still
2009 the Netherlands Association of Universities of Applied Sciences drewWithin up the the context standard of for this professional profile and bachelor in order programmes. to safeguard Atquality, present in it has been decided to keep the title LL.B. for the time being, because of its capacity to set itself apart in its professional orientation and in view
4 The professional Bachelors of Laws degree programme was started in 2002 at two universities of applied sciences: the Juridische Hogeschool Avans-Fontys and the Hogeschool van Amsterdam. The Juridische Hogeschool began with a group of 220 students, the Hogeschool van Amsterdam with a small pilot group (comprising around 25 students).
10 1. NATIONAL PROFESSIONAL AND DEGREE PROGRAMME PROFILE FOR THE
PROFESSIONAL BACHELOR - LAW of the developing position of the professional Bachelors of Laws in the legal profession. However, the expectation is that this addition will
Since the legal profession is undergoing considerable change at present,be unnecessary the NCC in Professionalthe future and Bachelor merely -the Law title has ‘lawyer’ agreed will to suffice. review
Laws degree programme on a regular basis. The latest version of the the national professional profile of the professional Bachelors of theprofile country. was adopted It was clearby the from NCC discussionsProfessional with Bachelor advisory - Law committees in 2005 in ofconsultation professionals, with an representatives evaluation among from alumni the field and of employers work throughout that the tightened up further and brought up to date. For example, a number core of the profile is still valid and relevant, but that it needs to be workof developments concerning frommediation the previous were given profile a too have prominent turned out place, differently which meantto what that was a separateexpected. competence The developments in that area at that was time formulated. in the field In the of meantime, it is evident that this is an aspect concerning the promotion of legal interests. For that reason, ‘mediation’ in the present version now forms part of the competence of ‘representation’. In addition, the competences of ‘legal audit’, ‘ information’ and ‘quality’ are closely interrelated; all three of them have to do with organizing legal the competence of ‘organization’. Appendix 1 contains a transposition processes. That is why, in the present profile, they are contained in the set of competences from 2005. table showing how the competences of the up-to-date profile relate to missing in previous versions. One example is the positioning of the professionalThis version Bachelors of the profile of Laws includes compared a number to the of subjects lawyer graduating that were from a research university. This is important not only within the context of progression within the career structure, but also for the positioning of the professional Bachelors of Laws in the employment professional Bachelors of Laws based on the standard for professional bachelormarket. The programmes. profile typifies This the is core based of onthe thefinal current level attained international by the in combination with the professional orientation. The Netherlands Associationrequirements of and Universities typifies the of level Applied of professional Sciences hasdegree formulated programmes this standard in its joint quality agenda for the coming years: ‘Dedicated to Quality’ (‘Kwaliteit als Opdracht’).
This profile is also in response to developments in international higher
11 THE PROFESSIONAL BACHELOR – LAW education. As part of the agreements at European level, the Dutch framework describes the degrees and diplomas that can be awarded withinqualification the Dutch framework higher education in higher system, education with has a view been to adopted. transparency This and comparability with the European employment market and higher will be described in the Diploma Supplement in terms of learning outcomeseducation sector. and related In order to to international achieve this, the level qualifications standards. of Appendix graduates 4 offers a framework for developing the individual programmes.
1.2 Mission
The ‘Professional Bachelor of Laws’ is the name given to a lawyer who has received broad legal training with a practical emphasis to bachelor degree level. He has a thorough legal grounding and strong analytical abilities. He also possesses organizational, communication and coordination skills. His competences enable him to apply the law and facilitate the application of law.
12 2. Professional profile
The professional Bachelors of Laws distinguishes himself from other legal professionals, in the sense that he possesses social and communication skills and organizational abilities. This enables him to of legal business processes within organizations. He is solution- orientedcontribute and to customerarrives at friendlinessa solution, legal and ofthe otherwise, efficiency depending and effectiveness on the interests of the parties. He is enterprising and has an inquiring mind, giving him the ability to develop new legal services and products. In doing so, he works on a multidisciplinary and interdisciplinary basis with lawyers and professionals from other domains.
Professional Bachelors of Laws can be found in a wide range of jobs and professional roles in organizations whose primary process is a the judiciary, the Public Prosecution Service and legal consultancies. Thelegal professional one, such as Bachelorsbailiff’s offices, of Laws the also notarial works sector, in organizations work as a counsel, whose primary process is not legal, but where legal expertise is indeed required, such as the business sector, the government, business services, sector organizations and interest groups. In these disciplines, the application of law or facilitating such application of law. the professional Bachelors of Laws fulfils roles primarily focusing on 2.1 Current developments
As a consequence of ever-increasing complexity, individualization and
The pluriformity of society and the fragmentation of political and internationalization, there is an increasing juridification of society. are better aware of their rights and the legal means available to them tomoral exercise consensus these give rights. rise Coupled to more with conflicts. this, the Individuals development and groups of the internet has helped to make legal knowledge no longer the exclusive domain of lawyers, but also available to the average citizen. At the same time, society demands greater accountability. Government bodies, are increasingly required to account for their actions. Trust among theinstitutions, public is businesses,no longer a non-profit given, but organizations must be ‘earned’, and evennot least the judiciary through transparency regarding compliance with the law and regulations. This in turn creates a continuing differentiation of jobs within the national and international legal profession. This differentiation is the main
13 THE PROFESSIONAL BACHELOR – LAW reason for the rising demand for professional Bachelors of Laws. They legalfind themselves expenses insurers. working The for legal demand service for professional providers, in-house Bachelors legal of Lawsdepartments is also growing of companies, among disputes traditional committees, legal organizations bailiff’s offices which andare adapting their services to these developments. For example, there is a growing demand within the judiciary for professional Bachelors of Laws, who combine legal expertise with expertise in service provision and administrative organization together with the associated business processes. As a consequence, the professional Bachelors of Laws is increasingly employed to work independently on certain processes. Handling cases under mandate – as has traditionally been done in public administration – is another example of raising effectiveness. In short, professional practice requires broadly trained, practically- oriented and enterprising lawyers with a sound legal knowledge base and vocational aspirations, and who are strong in organizational, communication, coordination or leadership skills.
A further development that encourages job differentiation has been the change in the competence threshold of the subdistrict court in civil cases since 1 July 2011. This change has meant that the professional Bachelors of Laws can position himself in more cases as a legal representative. As a result, the volume of work for the professional substantially.Bachelors of Laws5 ensuing from subdistrict court cases for law firms, bailiff’s offices and legal aid offices has the potential to increase Finally, there are developments in the national and international
Bachelors of Laws, and consequently the competences he is required tofield possess. of work The that key affect elements the professionalof these developments practice of are the set professional out below.
• Alternative settlement of disputes
One of the results of individualization, globalization and the increasing fragmentation of political and moral consensus is that more and scenario for the classic ‘robed’ professions (i.e. lawyer, judge, public prosecutor).more conflicts Such arise court in our action pluriform is however society. often Litigation time-consuming is the perfect and
5 There are developments which may add to the costs of court proceedings in the future, such as the legislative proposal recently put forward for making the
court registry system self-financing. 14 2. Professional profile
the courts. As a result, there is an increasing need to solve or settle costly. Furthermore it is impracticable to settle every conflict through of this are mediation, arbitration, instituting forms of supervision or proceedingsconflicts by alternative via complaints means committees. without having The to professional go to court. BachelorsExamples such as member of a disputes committee or a complaints or appeals committee.of Laws fulfils These a range jobs of demand roles in the these competences new professional of representation, situations, advice and decision-making.
• Risk management
In negotiations today, there is less and less room for trust. The need for certainty has replaced it. Matters are laid down in advance to the smallest detail; no risk or ambiguity may be missed. The importance of risk management therefore increases in both directions. This certainly applies to complex situations, such as cooperation in an international context. New laws and regulations are also being introduced all the time. What’s more, these are becoming increasingly complex, not least because national, European and international laws and regulations are interrelated. This greater complexity increases the need for sound legal knowledge, which is stimulating a new market in legal services and of Laws since they possess competences in advice, representation, decision-making,legal expenses insurers, regulation with and specific organization. work for professional Bachelors
• Laws, regulations and regulation
The government constantly produces new laws and regulations. Rules are used more and more as policy tools and legislation has become a complex process where the national government provides the framework for setting standards and leaves the implementation to more local legislative organizations, alternative regulators and self- regulation by private parties. General and private interests become entwined and transparency is reduced. As a result, the need for legal services grows, such as in the context of self-regulation.
• Supervision and enforcement
In response to the increasing lack of clarity and added complexity of laws and regulations for citizens, businesses and institutions, public and private organizations are shifting the accent towards enforcement and supervision. They invest in the quality of communication,
15 THE PROFESSIONAL BACHELOR – LAW procedures and measures to promote compliance with laws and regulations, and they invest in improving the way in which supervision and enforcement are carried out. Within this framework, municipalities set up ‘supervision and enforcement’ teams to deal at policy level with
Laws advise and deal with enforcement cases and conduct enforcement proceedings,licences, permits working and specific together regulations. with colleagues Professional from Bachelorsother teams of and enforcement parties. They design targeted information material and work on improving the service concepts and modifying work processes. Businesses, semi-government bodies and government services want to be sure that they abide by the applicable laws and regulations (‘compliance’). The increasing need for legal quality care (legal controlling) this produces ensures that the demand for in the area of enforcement, the professional Bachelors of Laws will relyprofessional on his advisory, Bachelors decision-making, of Laws continues regulatory to rise. In and fulfilling organizational his tasks competences.
• Organizing legal processes and cost-effectiveness. Services for clients must be affordable and Many organizations are finding it essential to improve efficiency for professional Bachelors of Laws, who because of their professional skillstransparent and innovative (‘fixed price’). abilities This focustoo has precisely a positive on effect such on new the formsdemand of service. Professional Bachelors of Laws meet the demand for staff who can organize legal processes and provide legal services. In other words: to competences for facilitating the application of law, giving particular the professional Bachelors of Laws links such specific legal knowledge
Legalattention knowledge to quality, andefficiency information and costs management and how to improve is increasingly them. important in legal professional practice, both within and between organizations working together in the legal chain. This is also true of the provision of information and exchanging this information with individuals and groups of clients. The professional Bachelors of Laws applies new laws and regulations according to the interests of individuals and groups of clients, helping to make them transparent and user-friendly. Within that context, ICT and the media offer ever more opportunities to improve the quality and effectiveness of processes and services by government and semi-government bodies, businesses and organizations. Collaboration and knowledge-sharing are a growing phenomenon in a multidisciplinary and interdisciplinary context,
16 2. Professional profile
where the professional Bachelors of Laws works with professionals from other disciplines such as ICT, communication and HRM. His success in his day-to-day legal practice also depends to an ever greater extent on good and innovative use of ICT and the digital work and knowledge systems are only the start of this process. Moreover, law isservice more environment.frequently being Digital accessed points and of access, selected digital online files through and digital legal databases. Professional Bachelors of Laws are therefore increasingly involved in developing and optimizing a legal information system in their own organizations. Both developments generate greater demand
2.2for legalInternational staff with qualificationsdimension of in the this profession area. of actual developments in legal practice arising from globalization, butThe internationalization also due to the judicial of Dutch integration law is taking of laws place and under regulations the influence at a supranational level. International laws and regulations have an impact on national legislation, particularly from Europe, and affect a growing part of national law. Businesses, governments and other organizations also increasingly have to deal with the cross-border transport of persons, goods, services and capital. In order to respond to these developments, all graduates must be aware of the fact that national legal systems do not operate in isolation, and that they need to possess a general understanding of European law and international law. bilateral and multilateral treaties, such as those pertaining to trade or otherBusinesses forms and of international government bodiesand transnational may find themselves cooperation dealing with non-with European partners, and this requires specialist legal expertise. That legalis why practice. degree Thisprogrammes demands give skills students in intercultural the tools communication to create a profile and Legalfor themselves English. Thesewith qualifications are not requirements tailored to forworking all graduates, in international, but an optional area of study for students who wish to develop a career for themselves in this domain.
Degree programmes vary in the level of internationalization of
‘Dedicated to Quality’ states: ‘There will be differences in international orientationcompetences and and the curriculum, features of depending a metropolitan on their university individual of applied profile. sciences in the Randstad conurbation will vary from those of other institutions. All degree programmes offer students wanting to work
17 THE PROFESSIONAL BACHELOR – LAW in an international context the facilities and choices to develop competences in this area. With a view to international benchmarking
Bachelors of Laws, the NCC Professional Bachelor - Law will also be seekingof the professional international and cooperative degree programme partners. profile for the professional
2.3 Positions and professional roles
Professional Bachelors of Laws work in organizations with a legal primary process and in organizations which require legal expertise.
They fulfil a variety of positions, including compliance officer, legal legalconsultant, adviser, administrative legal assistant lawyer, and professionalofficial secretary, support legal lawyer.Belowenforcement followsofficer,, anteam overview leader, of legal examples policy of official, jobs and legal professional information roles manager, coupled with a range of professional contexts.
18 2. Professional profile
Overview of professional roles and professional contexts Professional practice within organizations with a legal primary process Professional context Positions and professional roles Justice Examples: Public Prosecution Service The Bar Company lawyer Enforcement lawyer Notarial profession Information specialist Legal adviser Legal consultant Bailiff’sLegal expenses offices insurers Legal controller Legal information manager Legal quality manager Lawyer Knowledge manager Legal assistant Legal consultancy Legal representative ProfessionalPublic Prosecutor’s support Office lawyer assistant Project leader Project supervisor
Professional practice within organizations with a non-legal primary process
Professional context Positions and professional roles
Public administration, central, provincial Examples: and municipal government, water boards, government departments, municipal departments, public organizations such as Company lawyer AdministrativeOfficial secretary legal assistant environmental services Legal services broker tax offices, higher water board councils and Semi-government such as housing Information specialist Compliance officer associations, care institutions, educational IT Contract Manager institutions, independent administrative Legal adviser including sector organizations and interest Legal consultant Legal policy officer groupsbodies and not-for-profit organizations Legal controller Legal information manager Legal quality manager Legal assistant
The business sector such as SMEs, Enforcement lawyer business services, banking and insurance, LicensingLegal enforcement lawyer officer multinationals Legal representative Project leader Council registrar
19
3. Competences
AThe competence qualifications is describedof the professional as ‘the ability Bachelors to apply of Laws knowledge, ensue from an understanding,the professional skills profile and and attitude are formulated as a coherent in terms whole of in competences. professional practice’. Competences are linked to the professional’s ability to act successfully in all relevant aspects of the profession in a range of professional contexts. Each competence comprises an explanation and some seven examples of critical professional situations. Each example lists the position, professional role, professional duties and the professional context. The competences are grouped in two clusters, namely ‘ Application of law’ and ‘Context of the application of law’.
The ‘Application of law’ cluster comprises the competences which enable the lawyer to act in a legal manner. A lawyer possessing these competences can advise, regulate and take decisions. Analysis and the precede the legal acts. The lawyer begins with an analysis of the legally relevantlegal qualification facts and legalof cases sources, and solvingwhich explains the associated why the legal solving questions of case group. positions is listed as the first competence in the ‘Application of law’ The cluster ‘Facilitating the Application of law’ includes the competences which enable the lawyer to organize his legal activities
Applicationand those of othersof law in an effective and efficient way.
1. Formulating and solving questions of law by analysing the legally relevant facts and legal sources. (Legal analysing)
Explanation Before a lawyer makes a professional product, he formulates the legally relevant questions in a case. He possesses investigative abilities: the lawyer sets to work systematically by selecting and gathering together the relevant legal sources, such as legislation and case law. Legal analysis is the process of collecting, selecting, qualifying and analysing facts and legal sources. A lawyer must go through this full process in order to deliver a good professional product.
21 THE PROFESSIONAL BACHELOR – LAW
Examples You work as a:
select the facts obtained during the investigation in preparation of a. secretarythe drafting at of the a charge. Public Prosecutor’s Office and you collect and
presented by the client, incorporating the latest case law. c.b. legallawyer assistant with a law with firm the and municipal you make authorities, a legal analysis and ofyou the check situation that
municipal executive on a licence application. d. legalthe file assistant is complete with the in ordermunicipal to take authorities, a decision and on you behalf investigate of the the request from a journalist to publish the expense claims of members of the executive.
and formulate a settlement advice. f.e. legallawyer assistant with a legal at a bank, expenses and youinsurer, analyse and andyou investigateanalyse the customerclaim file information before assessing whether the sale of a particular
down in applicable laws. g. companyfinancial product lawyer is with done ain multinational,accordance with and the requirements you analyse andlaid investigate information and facts before drawing up a contract.
2. Giving advice on the basis of a legal analysis. (Advising)
Explanation factsOnce tothe allow situation him to has weigh been up analysed the arguments and qualified, of the parties, the lawyer using gives the relevantboth oral legal and sources.written advice. More specifically, first he gathers all the
Examples You work as a: a. legal assistant at court. You check that the formal legal requirements have been met and prepare the details of the case. During the hearing you act as the registrar. Following the hearing you take
and record the decision in a written draft judgment. b. partsecretary in the to deliberations a provincial inobjections chambers, and draw appeals up an committee, official report and you write draft recommendations in response to an objection that has been submitted.
with written advice. c. legal assistant with a bailiff’s office and you provide a creditor d. patent attorney at a patent office, and you draw up a letter of 22 3. Competences
recommendation for a client on the way in which he can protect his invention by means of a patent, drawing on the very latest case law. e. lawyer for an association of home owners and you advise the members about contracts of sale and mortgage conditions.
the purchasing department as regards regulations concerning the f. companytendering lawyer for a major with aconstruction regional firm project. of contractors, and you advise g. co-owner of a legal consultancy, and together with your partners you provide legal advice to a client regarding the introduction of a digital system for managing contracts, based on discussions and risk analyses.
3. Attending to the legal interests of others by providing legal assistance, by negotiating and by mediating. (Representing)
Explanation A lawyer acts to represent the interests of persons and organizations. Promoting a client’s interests may comprise legal representation, represent a client’s interests either orally or in writing, employing mediationnegotiation, techniques mediation if required. and conflict management. The lawyer may
Examples You work as a:
for a client before the subdistrict court or the administrative court. b.a. legal assistant assistant with for thea law provincial firm and you authorities, act as legal and representative you settle a dispute between a business and the province without the need for court intervention.
documents such as a notice of default, reminder or summons and c. legalyou conduct assistant litigation. with a bailiff’s office and you draw up procedural d. lawyer with a legal expenses insurer, and you act on behalf of an insured party by sending a notice of default to a seller. e. lawyer in a staff department of a retail group, and you are in negotiations on behalf of this company with government institutions on obtaining licences. f. lawyer forming part of a due diligence team and you promote the interests of a fast-food group in preparing negotiations for an acquisition. g. legal assistant at a large hospital, and you mediate in an employment
legal, but also ethical, public and social aspects. conflict between an employee and a manager, drawing on not only
23 THE PROFESSIONAL BACHELOR – LAW
4. Establishing the legal position of one or more persons within legal frameworks, weighing up legal arguments and social factors. (Deciding)
Explanation A lawyer decides on behalf of his clients or the organization for which he works on the legal position of one or several persons. In this professional work, the lawyer considers not only legal arguments but also the interests of the persons or the institution for which he works, as well as social factors and the interests of others where necessary. In determining the legal position, issues such as decisions under public law (licences) as well as decisions under private law (contracts) will be considered.
Examples You work as a:
constitution for a study society. b.a. legal assistantassistant forwith a watera firm board, of civil-law and you notaries take a decisionand you ondraft behalf the of the administrative body to take administrative enforcement action. c. legal assistant with the municipal authorities, and on behalf of the municipal executive you draft the conditions for an integrated environmental permit. d. legal assistant with an insurance company and you make a decision on whether or not to accept or reject a claim from an insured party. e. legal assistant with a healthcare insurer and you take a decision on a letter of objection from an insured party, in which you give the reasons why a particular medical procedure in a clinic for plastic surgery will not be reimbursed by the healthcare insurer. f. member of a complaints committee in the travel sector, and together with other committee members you reach a decision on a dispute between a travel organization and a number of private individuals who have booked a holiday with these organizations. g legal assistant with a legal department of a large multinational, and you are a member of a committee charged with drawing up a code of conduct with respect to corporate social responsibility.
24 3. Competences
5. Drafting and amending regulations. (Regulating)
Explanation A lawyer draws up generic regulations. Another element of this competence involves amending existing regulations.
Examples You work as a: a. legal assistant with the municipal authorities and you are involved in drawing up municipal by-laws. b. legal policy assistant with the municipal spatial planning department and you are involved in drawing up policy rules relating to the permanent occupation of holiday homes. c. lawyer at an educational establishment and you contribute to drawing up standing rules and education and examination regulations. d. legal adviser to a degree programme institution, and you establish the procedure for conducting job appraisal and assessment interviews in accordance with the Education Professions Act (Wet op de beroepen in het onderwijs). e. legal adviser to an internationally active telecom organization, and you draw up regulations and general conditions or you modify existing documents. f. corporate legal assistant for a start-up business. You investigate what permits are required and draw up general conditions for the employment and cooperation agreements. g. legal assistant with a trade union, and you are involved in negotiations on a new collective agreement (CAO). Following the negotiations, you draft a new text in collaboration with the CAO partners.
Facilitating the application of law
6. Creating and managing legal files, monitoring follow-up and coherence, closing and transfer. (File management)
Explanation The lawyer is responsible for creating, managing, making available and also part of this competence. Hetransferring monitors legalexpiry case dates files. and Monitoring deadlines, expiryand if necessarydates and arrangesdeadlines for is organization or in the chain. the case file to be archived or transferred to a colleague in his own
25 THE PROFESSIONAL BACHELOR – LAW
Examples You work as a: a. legal assistant at court and you monitor the deadlines within which decisions must be taken.
documents as regards formal and material aspects. You also gather b. secretary to the Public Prosecutor’s Office and you check the court
purposesupplementary of a due and diligence relevant investigation, information forof compiling the case file. a complete c. legal assistant with a law firm, and you are given the job, for the
legal file concerning the acquisition of a company. d. legal assistant with the tax office, and you ensure that the legal files are structured in such a way that a colleague can take over the handling of these files at any moment. e. civilto all servant the departments with a municipal concerned administrative at the right office,moment. and you make f. contracta flow chart manager in order for to a wholesaleensure that company all incoming and you matters are responsible are passed for legal implementation and contract management.
drawing up the report for the court. You also take care of much of g. insolvencythe insolvency assistant correspondence with a law onfirm, behalf and of you the are receiver. responsible for
7. Efficiently and effectively managing and coordinating organizational processes in a legal context, paying attention to process and quality management, knowledge and information management and innovation. (Organizing)
Explanation The lawyer deals with the question on how the organization of legal of providing legal services. In doing so he works with colleagues and non-colleaguesservices can contribute on a multidisciplinary to a more efficient and interdisciplinaryand customer-friendly basis. way
Examples You work as a:
purchase of legal databases. You instruct colleagues and alert them a. legalto relevant information professional specialist information with a law in firm good and time. are involved in the
draw up a uniform model for replies to all kinds of outgoing letters. c.b. legalpolicy assistant official forwith quality the municipal care with authorities the provincial where authorities you carry andout an investigation which should lead to faster throughput times and customer friendliness when dealing with letters of objection.
26 3. Competences
d. project assistant with the municipal authorities to set up an online point of contact so that all procedures for online products and services are accessible and described in a legally correct manner. e. lawyer at a bank, where you draw up a new scheme on the
implementation with products and services. f. legalsupervision assistant of with financial a temporary institutions, employment for the agency purpose and you of are its seconded to a client in order to create and maintain a quality care system. g. employee with a housing association, and you create a database for the internal communication, with all the relevant legislation and case law relating to letting and renting.
27
4. Final level
Graduates are expected to have mastered the competences of the has been established based on the international standard for the bachelorprofessional level: Bachelors the Dublin of Laws descriptors, at bachelor in conjunction level. The final with level the standard for professional bachelor programmes. These standards have been incorporated in the national professional and degree programme profile, which also serves as a guide to the domain-specific andrequirements contents ofwhich the thecompetences exit qualifications and typical of degree professional programmes situations. must Thisfulfil. interrelationshipThe final level is isdeveloped set out clearly in the inprofile Appendix to fit 3.the Below description follow framework. the requirements for the exit qualifications within the accreditation
Standard 1: Intended exit qualifications1
regards contents, level and orientation, and comply with international requirements. Explanation:‘The intended The exit intended qualifications exit qualifications of the degree fit programme into the Dutch have qualification been concretized framework as as regards the level and orientation (bachelor or master, University of Applied Sciences or research university. They are also consistent with the current requirements of the contents of the degree programme laid down in an international perspective by the professional field and the discipline. 6
4.1 Standard for professional bachelor programmes
The Netherlands Association of Universities of Applied Sciences established the standard for professional bachelor programmes in 2009 and published it in the strategic agenda ‘Dedicated to Quality’ (‘Kwaliteit als Opdracht’). It was agreed that this standard would be subsequently their inclusion in the curricula of the individual degree programmes.the objective in The developing standard national for professional degree programme bachelor programmesprofiles and
6 Netherlands-Flanders Accreditation Organization (November 2011) (in Dutch): Beoordelingskaders Accreditatiestelsel hoger onderwijs. Programmesbeoordeling (Assessment frameworks and Accreditation systems in higher education) (summarized and extended).
29 THE PROFESSIONAL BACHELOR – LAW serves to clarify the core of the professional bachelor degree and, descriptors and with the criteria underlying the revised accreditation frameworkwith a view of to the clarifying NVAO of the 2011. final level, takes account of the Dublin
A professional bachelor is at the level of a starting professional in a profession or spectrum of professions and he can function in a multidisciplinary environment in which a higher professional education is required or useful.
The university of applied sciences standard means that a degree programme must ensure that students: 1. be taught a thorough theoretical basis; 2. develop an investigative ability which will enable them to contribute to the development of the profession;
4. develop professional ethical standards and a social orientation which3. possess is appropriate sufficient professionalto a responsible skill; professional. The above pillars each relate to both the national and the international context.
Below follows a description of what is meant by the pillar, after which the key aspects (see Appendix 3) are elaborated on within the
Thoroughcontext of the theoretical national basisprofile – of This the mainlyprofessional concerns Bachelors subject-specific of Laws. knowledge of the professional discipline in which the student is being trained. Students must possess the theoretical knowledge to enable them to look at their own subject area in a creative way. This knowledge base is therefore inextricably linked to the professional bachelor level.
The professional Bachelors of Laws is a generalist, who tackles legal issues by drawing on several areas of law in their mutual relationships. He weighs up arguments and decides whether a legal or non-legal solution is to be preferred. He is able to communicate about legal problems with lawyers, professionals from other disciplines and clients, taking their perspective into account.
The knowledge base of a professional bachelor degree programme comprises relevant knowledge from academic study and the profession itself. A solid and well-structured knowledge base (Appendix 2) is the foundation of the professional Bachelors of Laws’ competence profile and comprises knowledge of the following areas of law:
30 4. Final level
constitutional law, administrative and administrative procedural law, private and private procedural law, business law, social law, criminal and criminal procedural law, European law and international law (see Appendix 2). Each degree programme includes in its
As well as the knowledge base in law, the professional Bachelors of Lawsknowledge has knowledge base those of areas research, of law management that are relevant and organization, to its own profile. ethics and legal information techniques.
Investigative ability - In our modern society, it is crucial that professional bachelors have an investigative ability that leads to reflection, evidence- based practice and innovation.
‘Carrying out applied research is a typical feature of the professional Bachelors of Laws’ professional practice’. After all, solving cases demands a methodical approach to answering questions and setting to work in a systematic way. This is inherent in the structure and coherence of the competences. The professional Bachelors of Laws possesses basic skills for designing and carrying out practical legal methods and techniques in an integrated way in legal practice. The professionalresearch, where Bachelors he is able of Laws to apply carries legal out and applied relevant research socio-scientific within the context of applying the law and facilitating the application of law. This research always draws on the legal BoKS.7
The professional Bachelors of Laws works, based on practical legal research, on improvement and innovation and consequently contributes to the further development of legal practice. He applies applied research within the context of policy development and evaluation, quality and risk management and the designing and redesigning of legal processes, services and products. This research is multidisciplinary at its heart, because it includes not only legal, but also organizational aspects.
The professional Bachelors of Laws has an inquiring attitude and can set to work in an evidence-based manner, i.e. his professional work is based on relevant legal knowledge from a variety of sources, which have been tested and found to be reliable in the legal knowledge domain. He is able to carry out research into the operation of new and existing laws and regulations for clients or groups of clients. Practical legal research may concern solving legal problems or issues that arise within a specific 7
See Appendix 2 of this profile. 31 THE PROFESSIONAL BACHELOR – LAW legal organization or sector, but also problems and issues that are in fact characterized by a wider social perspective. In the latter case, it may be possible to generalize the results of the research for other businesses or sectors, which will create greater support for the results of the research.
Professional expertise - Students must develop the knowledge and skills that are specific to the role of the professional in the field of work. International orientation forms part of this, as also an enterprising attitude.
A good command of language, both orally and written, is an important tool for the lawyer, because it enables him to communicate appropriately with colleagues and non-colleagues. The latter may be clients or professionals from other disciplines. A professional Bachelors of Laws can ‘translate’ legal jargon in a way that is understandable to a non-colleague, and is also able to qualify information from non- colleagues in legal terms. That is why the target is for all graduates to have a command of the Dutch language up to level C1 ‘Competent user’ according to the Common European Reference Framework for Modern Foreign Languages.8
The professional Bachelors of Laws puts forward practical solutions to legal issues, based on his legal knowledge base and his analysis of the perspectivelegally relevant of the facts principal and sources. and clients. He identifies Examples problem of areas areasin which and the is professionalproactive in improving Bachelors the of Laws service, makes effectiveness a contribution and efficiency are: legal from quality the management and process management. He is innovative and develops solutions,management, procedures, risk management, work processes, legal products knowledge and management,services to add file to the set of legal instruments.
A professional Bachelors of Laws is aware that the Dutch legal system does not operate in isolation. He has knowledge and understanding of the general concepts of European law and international law. This gives him the ability to determine the relevance of European and international laws and regulations for their application in the national legal system. It also enables him to familiarize himself quickly with international areas of law.
8 http://www.languages.unimaas.nl/Niveaus_Common_European_Framework_ Reference/CEF_Nederlands.htm
32 4. Final level
Professional ethics and social orientation – professional bachelors are professionals who are able to identify the links between social, and sometimes ethical issues. They have had academic training and therefore possess the cultural baggage to enable them to place the knowledge they have acquired in a social context and to consciously apply these learned skills. Students are expected to possess the ability to assess knowledge critically based on moral values. Graduates have professional values and have developed their own views of the profession.
In response to social and cultural developments in today’s society, a dynamic framework of standards and values has been created, which in turn affects legal practice. The professional Bachelors of Laws must and skills in the light of present-day developments in the national therefore be aware of the social significance of his legal knowledge and ethical issues in a variety of professional roles and contexts. Furthermore,and international he field possesses of work. the He ability recognizes to assess and deals legal with knowledge social critically with reference to his moral standards and values. This ethical ability is relevant in weighing up interests, and is particularly important in the competences of legal analysis, decision-making, advice and research and drawing up ethical standards for organizations such as codes of conduct. A graduate upholds professional values and has his own views of the profession. When a professional Bachelors of Laws acts ethically and in a socially responsible manner, it is important that he devotes attention to the social environment and the internal organization as well as reflecting on his professional actions.
33
5. Profile in legal higher education
The professional Bachelors of Laws is a wide-ranging law degree programme which trains students for legal careers in a wide range of professional contexts. In ‘Dedicated to Quality’ the Netherlands Association of Universities of Applied Sciences states that it is desirable ‘where applicable to specify the professional education level in relation to comparable basic competences at MBO (senior secondary vocational) and/or university level’.·. The NCC Professional Bachelor - Law has established that there are no programmes at MBO level to which this applies. the Professional Bachelor - Law graduates may choose for a master degree programme in law with an academic or a professional slant. The professional Bachelors of Laws degree programme differs from other law degree programmes in higher education on a number of key features, such as level, orientation and focusComparable on specific programmes professional at university sectors. level are the Bachelor of Law degree programmes. As in the professional Bachelors of Laws degree programme, the curricula of these programmes comprise legal and supporting subjects, placed in a legal context. In accordance with the professional orientation of professional Bachelors of Laws degree programmes, the professional bachelor graduates possess generic to start out on their chosen career. This is in contrast to university bachelors,professional who qualifications are in fact and trained professional in academic skills skills which in preparationequip them for their Master degree programme in law. Where the professional Bachelors of Laws focuses above all on the application of law, the university law graduate in law focuses on the development of law.
Law is considered as a normative science. A legal professional must have not only a command of what is a matter of law, but also an eye for what should be a matter of law. The academic lawyer is able to help develop legal sources further, using the principle of logical rationality and focusing above all on the system of the law. His competences are found in the area of academic skills and carrying out academic law research. The professional Bachelors of Laws distinguishes himself by his practical approach to the law, and focuses particularly on the competent application of law and its facilitation. At the heart of the competence is a strong knowledge base of positive law and the ability to carry out practical legal research. Furthermore the professional
35 THE PROFESSIONAL BACHELOR – LAW
Bachelors of Laws is strong in social and communication skills (both orally and in writing).
Within the professional education system, Professional Bachelor - Law is distinctive from the Professional Bachelor degree programme in Social and Legal Services, which also leads to the title Bachelor of Laws (LL.B.). The professional Bachelors of Laws degree programme
The Social and Legal Services degree programme focuses above all on socialis distinctive and service with aorganizations full, legal competence and institutions, profile and and knowledge for this reason base. the competences and knowledge base of this programme, unlike that of the Professional Bachelor - Law, are based not only on the law but also on society and the community.
Within the framework of the Advice by the Commission for Future- Commissie Toekomstbestendig Hoger Onderwijs), the number of professionally oriented master degree programmesProofing Higher is expected Education to increase. ( A number of universities of applied sciences are currently working on developing professional master degree programmes in law. These aim at innovation and improvement of legal professional practice, especially where it concerns facilitating the application of law. These professional master degree programmes in law offer new career opportunities for professional Bachelors of Laws. The development of these programmes will also mean that practical legal research will also be carried out
Theseat master reforms level, withinwhich will the also Professional contribute Bachelor to a more - Law clearly may defined act as aprofile driver of for the the professional further development and academic of professional law degree programmes.law practice.
36 6. International positioning of the professional Bachelors of Laws
his own way into the professional practice of the different European countries.The bachelor Of our lawyer, neighbours, introduced only by in the England Bologna does process, the Bachelor still has of to Laws find degree give access to the traditional legal professions. In Germany and Flanders, this degree currently does not give admission to the legal professions and the judiciary (known in Dutch as ‘civiel effect’)9 and this degree programme is viewed above all as good preparation for further study, see Appendix 4. In the Netherlands, a number of positions will remain exclusively for academically trained masters in law. For a large number of other legal careers, however, the market will determine who is the most suitable. Besides legal skills, other qualities will also be taken into consideration, such as organizational and communication skills. The large number of bachelors in law graduating each year will open up more choice in the market as well.
9 an LL.M. Dutch law to become ‘advocaten’ (lawyers who have been admitted to theIn the Bar), Netherlands judges and a public post-doc prosecutors. qualification A master is required degree for will lawyers have ‘civiel who effect have’
the prosecution and the judiciary. if this qualification has been obtained; it is a condition for admission to the Bar,
37
Sources
2005) Qualifications. A framework for the Qualifications of The European HigherBologna Education Working Area. Group on Qualifications Frameworks (February
The Netherlands Association of Universities of Applied Sciences (August 2009) Kwaliteit als Opdracht
The Netherlands Association of Universities of Applied Sciences (22 November 2010) Aanpassing procedure landelijke programmesprofielen. Brief aan de voorzitters van de Landelijke Programmesoverleggen en – domeinen in het hbo.
The Netherlands Association of Universities of Applied Sciences, Association of Universities in the Netherlands (VSNU), Dutch Federation of Small and Medium-Sized Enterprises (MKB-Nederland), Confederation of Netherlands Industry and Employers VNO-NCW (20 December 2005) Convenant werkveldoverleg hoger onderwijs.
Hooft, T. ‘t, Hoogewerf, C.L., Oudejans, E.M. (2007). ‘De komst van de HBO-jurist in het juridisch beroepenveld’, Nederlands Juristen Blad, vol 81, no. 30, p. 1689 – 1692.
Hupperetz, G.F.J., (2008). ‘Hbo-juristen en de togaberoepen’, Ars Aequi, vol 57, no. 10, p. 754-756.
Ministry of Education, Culture and Science (April 2010) Differentiëren in drievoud. Advies van de Commissie Toekomstbestendig Hoger Onderwijs Stelsel.
Netherlands-Flanders Accreditation Organization (November 2011) Beoordelingskaders Accreditatiestelsel hoger onderwijs. Programmesbeoordeling (limited).
Netherlands-Flanders Accreditation Organization (November 2011) Beoordelingskaders Accreditatiestelsel hoger onderwijs. Programmesbeoordeling (extended).
Nederlandse Taalunie (2008 ) Gemeenschappelijk Europees Referentiekader voor Moderne Vreemde Talen: Leren, Onderwijzen, Beoordelen.
39 THE PROFESSIONAL BACHELOR – LAW
Ministry of Education, Culture and Science and Netherlands-Flanders Accreditation Organization (2008) Nederlands Kwalificatieraamwerk Hoger Onderwijs. Zelfcertificeringsdocument.
Ministry of Education, Culture and Science and Netherlands-Flanders Accreditation Organization (2010) Naar transparanter hoger Onderwijs. Het Nederlandse Nationale Kwalificatieraamwerk.
Rooij, S., de,(2010). ‘De hbo-jurist’, in: ‘HBO-Rechten in het werkveld’, WLP 2010.
Schaaijk, G.A.F.M., van, (2011). “Praktijkgericht juridisch onderzoek”, Recht en methode in onderzoek en onderwijs, (1), p. 85-107.
Tuning, A Guide to formulating Degree Programme Profiles. Directorate
General for Education and Culture, Nuffic/Tuning Association 2010.
40 Appendix 1 – Transposition table of competences
The table below gives an overview of the changes in the competences
ofSet the of competencesnational profile 2012 2012 comparedSet toof competencesthe profile 2005of 2005.
1. Legal analysis 1. Diagnosing
2. Advising 3. Advising
4. Representing interests 3. Representing 5. Mediating
4. Deciding 2. Deciding
5. Regulating 6. Regulating
6. File management
8.7. Legal fileaudit 7. Organizing 9. Information 10. Quality
41
Appendix 2 - Body of knowledge and skills (BoKS): common knowledge and skills basis for the professional Bachelors of Laws
Explanation formulated in competences. A competence is interpreted as ‘the ability ofThe the national professional qualifications to apply ofthe the combination professional of Bachelors knowledge, of skillsLaws andare attitude in professional practice’.
Competences are linked to the ability to act successfully with respect to all relevant aspects of the profession and in a variety of professional contexts. The professional Bachelors of Laws degree programmes train students for a wide range of legal jobs and professional roles (paragraph 2.3). At the start of his or her legal career, the professional Bachelors of Laws will need a sound and broad range of basic skills . This body of knowledge and skills (BoKS) provides the common knowledge base, professional skills and attitude which provide the foundations for the national professional and degree programme
Theprofile, ‘Common and the legal associated knowledge standard base required. for the Professional Bachelor of Laws’ as set out below gives an overview of all areas of knowledge and skills which the professional Bachelors of Laws graduate must possess as a minimum. These areas therefore form a required element of the curriculum of every professional Bachelors of Laws degree programme in the Netherlands. Supplementary to the national BoKS, each professional Bachelors of Laws degree programme defines the knowledge, skills and attitude that fit its own profile.
43 THE PROFESSIONAL BACHELOR – LAW
Common legal knowledge base for the professional Subject areas Bachelor of Laws
Trias politica, structure of the Kingdom of the Netherlands and the country of the Netherlands, legislative, executive and judicial bodies, ministerial responsibility, legislative and regulatory processes, decentralization, delegation, mandate, attribution, provinces, municipalities, water boards, Constitutional law electoral law and human rights.
Acts: Constitution, Provinces Act, Municipalities Act, Water Boards Act, Elections Act, Netherlands Nationality Act and Equal Treatment Act.
Administrative bodies, administrative acts, authority, decision, decree, policy rules, generally binding regulation, principle of legality, general principles of proper administration, communication between citizens and administrative bodies, decision-making, enforcement, special Administrative administrative law, bodies charged with administrative (procedural) law procedural law, terms, procedures relating to objections, appeal proceedings, appeal, marginal and full review.
Acts: General Administrative Law Act, Council of State Act and Social Security Appeals Act.
Natural person, legal person, property rights (the law of obligations and property law), claim, transfer and establishment, (sources of) obligations, agreements, compliance and breach, lawful and unlawful acts, restricted Private (procedural) rights, surety, liability, payment, compensation, setoff, law several liability, civil procedural law, evidence, attachments, enforcement and alternative settlement of disputes.
Acts: Dutch Civil Code and Code of Civil Procedure.
Forms of undertakings, shares, management, legal personality, representation, decision-making, liability, Business law insolvency, moratorium and liquidation.
Acts: Dutch Civil Code, Commercial Code and Bankruptcy Act.
Employment, wages, control, participatory decision-making,
relationships, dismissal, collective labour law, social security employment agreements and other (flexible) employment Social law Acts:system Dutch and benefits.Civil Code, Collective Agreements Act, Collective
(Declaration of Universally Binding and Non-Binding Status) Act,Redundancy Works Councils (Notification) Act and Act, social Collective security Agreements legislation.
44 AND SKILLS BASIS FOR THE PROFESSIONAL BACHELORS OF LAWS APPENDIX 2 - BODY OF KNOWLEDGE AND SKILLS (BOKS): COMMON KNOWLEDGE
Perpetrator, participation, suspect, offence, criminal of- fence, punishments, measures, principle of legality, actors in criminal (procedural) law, guilt and deliberate intent, the decision model of Section 348 and Section 350 of the Crimi- Criminal (procedural) nal Code, competence, prosecution, caution, legal assistance, law coercive measures, investigative powers, phases in criminal proceedings
Acts: Criminal Code, Code of Criminal Procedure.
General principles of community legal system, subsidiarity, institutions of the EU, decision-making, legal protection, internal market, free movement and European laws and regulations.
European law Treaties: Treaty on the European Union, Treaty on the Functioning of the European Union, and Charter of Fundamental Rights of the European Union.
when dealing with the various areas of law. NB: the influence of European law on Dutch law is discussed Sources of law, sovereignty, jurisdiction, treaties, legal protection, international organizations and human rights. International law Treaties: Charter of the United Nations, European, European Convention on Human Rights.
45 THE PROFESSIONAL BACHELOR – LAW
Subject areas Common knowledge and skills base in a legal context
Value dilemmas, professional rules, public governance / corporate governance, Ethics between law and justice, between being in the right and gettingConflict justice, of interests between and realintegrity, and political, sensitivity between to the gapfact and
fiction. Management and Organizational skills, project, quality and strategic organization management, process management.
Research methods and techniques for research into the application of law and facilitating the application of law in the legal profession. Designing and carrying out a practically based legal investigation with the integrated
Practical legal research research methods and techniques, analysing research outcomes,application formulating of legal and and relevant meeting qualitative the research social brief scientific in a responsible and well-argued manner. Formulating recommendations and/or (re)designing a professional product. Drawing up and presenting a research report.
Knowledge and information management. Accessing legal (Legal) information sources, search methods. Managing legal portals. Managing methods and administrating (legal) knowledge sources.
(Legal) argumentation. Conducting discussions with professional target groups in a result-oriented manner. Social and oral Skills in explaining, referring, advising and reporting. communication skills skills, organizational skills, negotiations, presentation. Leadership, conflict management, cooperation, project
Targeted communication: adapting structure, style and formulation to the reader. Communication orientated towards client and members Written communication of the public. Legal argumentation and advice: explaining skills viewpoint clearly and convincingly with arguments and facts. Correct use of sources. Correct written and oral use of language.
46 Appendix 3: National professional and degree programme profile the Professional Bachelor - Law in relation to international and national standard levels
See next pages.
47 THE PROFESSIONAL BACHELOR – LAW Competences for national Competences of the Professional profile Bachelor - Law all all - basic knowledge of the Dutch language and arithmetic/mathematics; of the Dutch - basic knowledge base of domain, the knowledge of the professional - subject-specific knowledge Bachelors of Laws; the professional critically subject area view their own to baggage them the theoretical - this offers and creatively. Graduates of the the role and skills specific to a command of the knowledge - have in the field of work; professional oriented; internationally - are attitude. an enterprising - have Thorough theoretical basis theoretical Thorough expertise Professional ability Investigative expertise Professional Graduates possess Graduates can graduates practice, In legal issues; - analyse a new entity; elements into knowledge - integrate solutions; feasible - propose challenges, also in a multidisciplinary practical about complex - communicate context. innovation. and working evidence-based reflection, for capacity the them gives This Graduates in the of the professional the role and skills specific to - possess the knowledge field of work; oriented; internationally - are attitude. an enterprising - have Standard of the professional bachelor (The Netherlands Association of Universities Universities of Association Netherlands (The bachelor professional the of Standard Sciences) of Applied 1. 2. 3. 4. Dublin descriptors and understanding DD 1 Knowledge and understanding in a knowledge Has demonstrated of the level that builds upon and exceeds field of study secondary education. general it that makes and insight knowledge Has demonstrable operate to possible, with the aid of specialist handbooks, of knowledge aspects arise that require where at a level in that subject area. developments the latest and understanding of knowledge DD 2 Application through demonstrated typically Has competence and solving and sustaining arguments devising within his field of study. problems or his work to approach adopt a professional Is able to vocation.
48 APPENDIX 3: NATIONAL PROFESSIONAL AND DEGREE PROGRAMME PROFILE
AND NATIONAL STANDARD LEVELS THE PROFESSIONAL BACHELOR - LAW IN RELATION TO INTERNATIONAL
1. Legal analysis 1. Legal 2. Advising 3. Representing 4. Deciding 5. Regulating 2. Advising 3. Representing 5. Regulating 6. File management 7. Organizing All
In legal practice, graduates can graduates practice, In legal issues; - analyse a new entity; elements into knowledge - integrate solutions; feasible - propose challenges, also in a multidisciplinary practical about complex - communicate context. innovation. and working evidence-based reflection, for capacity the them gives This social and sometimes ethical issues. between links can create Graduates and skills in their social of the significance learned knowledg aware are - they context; can graduates practice, In legal issues; - analyse a new entity; elements into knowledge - integrate solutions; feasible - propose challenges, also in a multidisciplinary practical about complex - communicate context. Graduates Graduates 2. Investigative ability 2. Investigative ethics and social awareness 4. Professional values; based on moral critically assess knowledge possess the ability to - they social and sometimes ethical issues their own between links can create - they of study. area this. for required baggage possess the cultural - they expertise 3. Professional in the of the professional the role and skills specific to - possess the knowledge field of work; oriented; internationally - are attitude an enterprising - have ability 3. Investigative and working evidence-based reflection, them the capacity for This gives innovation. DD 3 Forming judgements DD 3 Forming data relevant and interpret gather Has the ability to judgements. inform to within his field of study) (usually social, a judgement,on relevant When forming reflects scientific or ethical issues. DD 4 Communication ideas and solutions, information, Can communicate and ideas and solutions to information, can communicate both specialist and non-specialist audiences. DD 5 Learning skills necessary to the learning skills that are Possesses degree with a high further study undertake continue to of autonomy.
49
Appendix 4 – International positioning of the professional Bachelors of Laws
This appendix gives a brief outline of the position of the Dutch professional Bachelors of Laws. We will then look at the position of comparable bachelor graduate lawyers in the same situation in our neighbouring countries of England (and Wales), Germany and Belgium (Flanders). In order to enter the most traditional legal professions such as the ‘robed’ (toga requirements (guarantee of initial competence), the necessary standards of competence) professions, (guarantee alongside of the all quality kinds of qualification professional work) must also be met.
The Netherlands Whoever embarks on a career as a professional Bachelors of Laws including the ‘robed’ professions. This is also the case in many other(LL.B.) member is not qualifiedstates of the to pursue European a number Union. One of legal may not professions, work as
mr. ora counsel,LL.M.), following public prosecutor, which one judge, is deemed officer competent of the court to conduct or civil-law such anotary. profession. In order There to do are so, further first one standards must be of trained competence further required in law ( for actual admission to the profession, such as training and/or practical experience requirements. positions the professional Bachelors of Laws will qualify in the Netherlands.The national He professional holds positions profile that states focus primarily for which on professions the application and of law and facilitating the application of law. Due to social developments adviser, and even as a legal representative in subdistrict court cases. as described in this profile, he may also position himself as a legal Europe The development of the Bachelor of Laws has produced considerable debate, not only in the Netherlands but in other European member states too. EU law does not involve itself in the conditions for conducting legal professions (except for the Bar), but leaves this to the member states themselves. Because the various legal and court systems of the member states have developed according to traditions that have grown up throughout their history, there are great differences in the
51 THE PROFESSIONAL BACHELOR – LAW system of titles, role, powers and status of the legal profession. There are also, despite the Bologna process, marked differences in the degree programmes and educational institutions for lawyers.
England and Wales Before the Bologna process the Bachelor of Laws was only known in the Common Law countries. In most of these countries, this degree is the standard degree programme for legal practice and therefore gives admission to the legal professions as described above or their equivalents (such as solicitor and barrister: membership of the Bar or Law Society). But here too, there is no direct admission. Follow-up programmes, traineeships and/or examinations are often required for admission (e.g. for solicitor: Legal Practice Course or Bar Vocational Course ). For the profession of solicitor, however, an LL.B. is not required. It is possible to pursue this profession with a different diploma, or even without a diploma at all, provided one has completed the required programmes and the necessary traineeships (Solicitors and traineeship). If a Bachelor of Laws does not wish to work in these traditionalfirst examination professions, course, he can Common work as Professional a lawyer in Examinationthe business sector, (CPE) for the government or in professional legal advisory practice. He can also, provided he meets the educational and traineeship requirements, go and work as a legal executive: a specialist legal adviser who offers mostly extrajudicial advice.
Germany In the Federal Republic of Germany, much of the structure of education is left to the individual federal states, which means that differences occur between these states. As a result, Germany is lagging behind as regards the conversion of its higher education system to a bachelor/ master structure, compared to the Netherlands and Belgium. This applies in particular to degree programmes that are concluded with a state examination such as Law (giving admission to the legal professions and judiciary). One can study Law in Germany at both the ‘Universität’ and the ‘Hochschule’. Both institutions award bachelor (LL.B.) and master (LL.M.) degrees. However, if one wishes to become a judge, counsel or civil-law notary, one must complete an academic degree programme admission to a two-year training programme (rechtsreferendariat). Onlywhich after is concluded completing with a the first second state examination. state examination This examination is the student gives Volljurist’ (initial competence) to enter one of the above-mentioned professions. Just as in the Netherlands, deemed to be qualified as a ‘
52 BACHELORS OF LAWS APPENDIX 4 – INTERNATIONAL POSITIONING OF THE PROFESSIONAL further standards of competence apply in order to actually pursue such a profession. A bachelor degree, however, does not give admission to
The law programmes at the ‘Hochschule’ are less practically oriented andthe first more state theoretical examination. and specialist, with the result that a lawyer is not trained as a widely employable, practice-based legal professional, as is the case with the Professional Bachelor - Law. The Bachelor of Laws is viewed here above all as a more specialized legal adviser in the service sector (banks, insurers, etc.), or with the government. Under the Bundesrechtsanwaltsordnung, legal services and advice within the judiciary is mainly the preserve of the lawyer (Rechtsanwalt). Professional legal service providers who give advice on extrajudicial matters come under the Rechtsdienstleistungsgesetz, or RDG (Legal Services Act) and under this Act are required to be listed in a register (Rechtsdienstleistungsregister). This register is available to the public online via the German national e-justice portal. There is much debate in Germany too about the quality of the bachelor degree and how the bachelor compares to the more traditionally trained lawyers. For the time being, the bachelor degree is viewed as a good basis for further study, but here too there is a growing feeling that the monopoly position of the lawyer with regard to the legal services in the judiciary should be limited, so that the bachelor graduate lawyer
Belgiumcould also (Flanders) gain a higher profile in this area too. The federal state of Belgium has three independent communities (Flemish, French-speaking and German-speaking), each of which has system of higher education of the Flemish community is similar to the Dutcha major system influence (although on the thestructure content of ofeducation the programmes in its community. may be very The different) and is provided by research universities and universities of applied sciences (hogescholen) working together in associations. Just as in the Netherlands, a distinction is made between academic (university) and professional (hogeschool) degrees. Flanders has no equivalent of the professional Bachelors of Laws degree programme. The ‘Professional bachelor in legal practice’, as is provided by some universities of applied sciences, would appear to be the most similar. Unlike the Professional Bachelor - Law this study is not a degree programme in itself, but a specialist subject included in law programme (without giving admission to the legal profession and judiciary)Business Management. and gives admission This specialism to preliminary is however courses viewed (shortened as a final bachelor or a transfer programme) of the university (usually affiliated 53 THE PROFESSIONAL BACHELOR – LAW to the association), after which one may move on to the master degree programme. A bachelor in legal practice is regarded as a paralegal or legal assistant who holds similar positions as the professional Bachelors of Laws in the Netherlands in the business sector, business and other service sectors (including legal services), the government, trade unions, the real estate sector and the courts. Compared to the Netherlands, however, this lawyer is trained more from the perspective of business management, and possesses many competences in this discipline. Apart from a number of exceptions (tax divisions and labour courts) only lawyers may act as counsel before the courts, and the exceptions may not breach this counsel monopoly. A development whereby the bachelor lawyer can act as an independent lawyer in court proceedings would appear not (yet) to be in prospect.
Looking at our three neighbouring countries, only in England does the Bachelor of Laws give admission to the traditional legal professions. In Germany and Flanders this degree does not give admission to the legal profession and judiciary and the degree programme is viewed primarily as good preparation for further study. The Bachelor of Laws will pursue a career in extrajudicial legal services in the business sector or government. In the Netherlands, a development is emerging where the professional Bachelors of Laws may, albeit in limited fashion (subdistrict court, administrative law divisions), develop as a lawyer in the judiciary.
The Bachelor of Laws introduced through the Bologna process still member states. At present we cannot say what position this will be inhas the to find Netherlands. his own way A small into the number professional of legal practice positions of the will different remain open only to the Master of Laws (such as senior legislative draftsman, justice or lawyer in large and complex cases). During the coming years, however, with most legal positions the market will determine what type of lawyer is the most suitable. Besides legal skills, other qualities will also be taken into consideration, such as organizational and communication skills. The large number of Bachelors in Law graduating each year will open up more choice in the market as well.
54 Appendix 5 Example of a Diploma Supplement
National and European Qualification framework
The outcomes of the Bologna process form the framework for the international requirements with which higher education programmes must comply10. The European ministers of education have committed themselves to drawing up a national qualification framework which describes the degrees and diplomas that can be obtained within the higher education system in their country. In order to be able to compare the national frameworks with each other the framework has been drawn up. The part relating to higher education – the Qualification Framework for the European higherEuropean education qualification area11 – consists of three levels: bachelor, master and doctor and is based on
Framework for Higher Education (Nederlands Nationaal Kwalificatie Raamwerkthe Dublin descriptors.Hoger Onderwijs In 2009 - NQF-HO) the Netherlands was declared National compatible Qualification with
Frameworkthe umbrella (2010) European are 12Qualification: Framework for Higher Education. -The International main consequences agreements of the on introduction quality care. of the Dutch Qualification - Introduction of the European Credit Transfer and Accumulation System (ECTS), whereby the study load of degree programmes and programme elements are given in ECTS-credits. - programmes and their curriculum elements in learning outcomes. Description of the intended exit qualifications of degree and competence of a student or graduate in relevant professional Learning outcomes describe in verifiable terms the knowledge
10 See the website of the Netherlands-Flanders Accreditation Organization www. nvao.net/nqf-nl 11 See A Framework for Qualifications of the European Higher Education Area.
www.nvao.com/page/downloads/QFEHA.pdf 12 TheCopenhagen: brochure BolognaNaar transparanter Working Group hoger on onderwijs. Qualifications Het Nederlandse Frameworks Nationale (2005). Kwalificatieraamwerk of the Ministry of Education, Culture and Science gives a more detailed explanation, see http://www.nvao.net/page/downloads/ Brochure_NL_NQF_OCW-NVAO_Towards_More_Transparency_in_Higher_ Education_2010.pdf
55 THE PROFESSIONAL BACHELOR – LAW
contexts. This description is based on the Dublin descriptors and makes it possible to make an objective comparison at a national and international level. - The Diploma Supplement according to the agreed European model13
of a degree programme. It also provides information on the nature, level,provides context, a description contents of and the statusfinal level of the and degree the learning programme outcomes and
gives admission. It is drawn up in Dutch and English and is given outthe automaticallyqualifications. to It allalso graduates states to free what of chargehigher bylevel the the educational diploma institution. The Diploma Supplement forms a legally required
Research Act). part of the certificate (Section 7.11 of the Higher Education and Example of learning outcomes in the Diploma Supplement
When making international comparisons, there are considerable focus of bachelor law degree programmes and the position of Bachelors ofdifferences Laws in between the employment countries in market the exit (Appendix qualifications, 4). Thecontents Diploma and Supplement (DS) is designed to contribute to providing transparency for employers and educational institutions. The Diploma Supplement can be regarded as a business card for graduates and the degree programme in the national and international employment market ofand Laws higher degree education. programmes, Since the these competences are developed of the further national below profile as anform example the basis of of learning the exit outcomesqualifications at curriculum of the professional level (programme Bachelors learning outcomes). These are formulated both in Dutch and English.
Competences and examples of programme learning outcomes
Competence 1: Formulating and solving questions of law by analysing the legally relevant facts and legal sources (legal analysis). The Bachelor of Laws formulates legal questions and solves these by analysing legally relevant facts and legal sources in order to deliver a well- substantiated professional product and display professional conduct.
13 The EU format can be found on: http://ec.europa.eu/education/lifelong- learning-policy/doc/ds/ds_en.pdf The internationally established format with a handbook is described in Tuning, A Guide to formulating Degree Programme Profiles Association 2010. . Directorate General For Education and Culture, Nuffic/Tuning Appendix 5 Example of a Diploma Supplement
Competence 2: Giving advice on the basis of a legal analysis (advising). The Bachelor of Laws demonstrates that he can formulate a legally tenable advice in a professional, legal context.
Competence 3: Attending to the legal interests of others by providing legal assistance, by negotiating and by mediating (representing). The Bachelor of Laws represents the interests of his client so that these interests can be taken into consideration as adequately as possible when being weighed up.
Competence 4: Establishing the legal position of one or more persons within legal frameworks, weighing up legal arguments and social factors (deciding). The Bachelor of Laws, on behalf of an administrative body or a private party, formulates a proper decision which determines the legal status of one or more persons.
Competence 5: Drafting and amending regulations (regulating). The Bachelor of Laws drafts or redrafts proper regulations, which have a general and binding effect for their target groups.
TheCompetence Bachelor 6:of LawsCreating designs, and implements,managing legal monitors files, monitoringand assesses follow- a legal fileup andor filing coherence, system closing to facilitate and transfer the application (file management). of law in an adequate way. organizational processes in a legal context, paying attention to process andCompetence quality management,7: Efficiently and knowledge effectively and managing information and managementcoordinating and innovation (organizing). The Bachelor of Laws shows that he can design, organize, execute and assess effective, efficient and customer-friendly legal work processes and services within a legal organization or department, thereby working together with others in a multidisciplinary way.
57
Appendix 6 – Details of universities of applied sciences, degree programmes and advisory committees of professionals
Participating degree programmes
The following degree programmes, represented by their programme managers, have committed themselves to the national professional and
educational profile for the Professional Bachelor - Law. Details of universities of applied sciences and degree programmes
Name degree programme the Professional Bachelor - Law Name institution Hogeschool van Arnhem en Nijmegen Faculty/domain Institute of Financial Management & Law Location Arnhem Contact person + position Mr O.A.P. van der Roest, LL.M. Curriculum chairman Website www.han.nl
Name degree programme the Professional Bachelor - Law Name institution Christelijke Hogeschool Windesheim Faculty/domain Economics, Management, Media and Communication Location Zwolle Contact person + position Mr A.P. de Leeuw, LL.M. Senior lecturer for the professional Bachelors of Laws degree programme Website www.windesheim.nl
Name degree programme the Professional Bachelor - Law Name institution Hanzehogeschool Groningen Faculty/domain Institute of Law Studies Location Groningen Contact person + position Mr T.J.M. Joxhorst, LL.M. Team leader the Professional Bachelor - Law Website www.hanze.nl
59 THE PROFESSIONAL BACHELOR – LAW
Name degree programme the Professional Bachelor - Law Name institution De Haagse Hogeschool Faculty/domain Academy of Administration, Law & Security Location The Hague Contact person + position Mr R.A. Plantenga, LL.M. Team leader Website www.dehaagsehogeschool.nl
Name degree programme the Professional Bachelor - Law Name institution Juridische Hogeschool Avans-Fontys Location Tilburg/’s-Hertogenbosch Contact person + position Mr G.F.J. Hupperetz, LL.M. Director Website www.jhs.nl
Name degree programme the Professional Bachelor - Law Name institution Hogeschool Leiden Faculty/domain Department of Law Location Leiden Contact person + position Mr H.A. Morsch, LL.M. Education manager at Department of Law Website www.hsleiden.nl
Name degree programme the Professional Bachelor - Law Name institution Hogeschool Inholland Faculty/domain Management, Finance and Law Location Rotterdam Contact person + position Ms P. Dhir, LL.M. Team manager the Professional Bachelor - Law Website www.inholland.nl
Name degree programme the Professional Bachelor - Law Name institution NHL Hogeschool Faculty/domain ECMA/ Business Administration Location Leeuwarden Contact person + position Ms M.R. Molenaar, LL.M. Programme coordinator the Professional Bachelor - Law Website www.nhl.nl
60 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name degree programme the Professional Bachelor - Law full-time, the Professional Bachelor - Law part-time, the Professional Bachelor - Law part-time (specialization: junior civil-law notary) Name institution Hogeschool Utrecht Faculty/domain Faculty of Society and Law Location Utrecht Contact person + position Mr drs. J.J. Mreijen Programme manager the Professional Bachelor - Law part-time Website www.hu.nl
Name degree programme the Professional Bachelor - Law Name institution Hogeschool van Amsterdam Faculty/domain School of Social Work and Law Location Amsterdam Contact person + position Ms E.M. Oudejans, LL.M. Programme manager the Professional Bachelor - Law Website www.hva.nl
Validation details for representatives of the advisory committees of professionals
The advisory committees of professionals for the degree programmes have
validated the national professional and educational profile 2011 – 2015. Hanzehogeschool Groningen advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Mr S. Grolleman, LL.M. Position Manager Legal & Tax Affairs, Service Center Leven Organization AEGON Location Leeuwarden
Name Mr J.S. van der Kolk, LL.M. Position President of the District Court of Leeuwarden Organization District court Location Leeuwarden
Name Mr J. Lanenga, LL.M. Position Head of Administrative Affairs Organization Municipality of Groningen Location Groningen
61 THE PROFESSIONAL BACHELOR – LAW
Name Ms E.J. Oostdijk, LL.M. Position Sector chairman, vice-president Organization District Court of Groningen, civil-law sector Location Groningen
Name Ms M.A.B. Faber-Sierman, LL.M. Position Public Prosecutor Organization Public Prosecution Service Location Groningen
Name Ms G. Otto, LL.M. Position Manager Legal Department / company lawyer Organization Seatrade Groningen BV Location Groningen
Name Mr J.J. Plas, LL.M. Position Partner lawyer Organization Trip Advocaten en Notarissen Location Groningen
Name Mr H.A. Smit, LL.M. Position Head of Legal Department Organization Province of Groningen Location Groningen
Name Mr A.A. Westers, LL.M. Position Partner lawyer Organization Overes Advocaten Location Groningen
Hogeschool van Arnhem en Nijmegen (HAN) advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Mr drs. R.L.H. van Tooren Position Chief advocate general Organization Public Prosecution Service – procurator
Location ‘s-Hertogenbosch general’s office at the Court of Appeal Name Dr. S.O.H. Bakkerus, LL.M. Position Lawyer Organization Nysingh Advocaten – Notarissen NV Location Arnhem
62 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Mr H.J.C.A. Becks, LL.M. Position District head of employment-law services for East Netherlands Organization UWV Werkbedrijf Location Arnhem
Name Mr T.K. Lekkerkerker, LL.M. Position Civil-law notary Organization Dirkzwager Advocaten en Notarissen Location Arnhem
Name Mr G.J. Rijken, LL.M. Position Justice Organization Arnhem Court of Appeal Location Arnhem
Name Mr J.P.J. van Muijen, LL.M. Position Municipal secretary Organization Municipality of Tynaarlo Location Tynaarlo
Name Mr J.B. de Groot, LL.M. Position Acting president of the District Court of Zutphen Organization District Court of Zutphen Location Zutphen
De Haagse Hogeschool advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Dr. M. Ahsmann, LL.M. Position Lecturer in civil law at SSR, Vice-president and development coordinator, District Court of Rotterdam Organization District Court of Rotterdam/SSR Location Zutphen/Utrecht/Rotterdam
Name Ms drs. C.W.M. Dullaert, LL.M. Position Director Organization Le Tableau (intermediary agency for lawyers and the notarial profession) Location Amsterdam
Name Ms Lasseur-Eelman, LL.M. Position Partner Organization Van Doorne Advocaten, Notarissen, Fiscalisten Location Amsterdam
63 THE PROFESSIONAL BACHELOR – LAW
Name Mr J. Vervliet, LL.M. Position Director Organization Peace Palace Library, Carnegie Foundation Location The Hague
Name Mr P.R.C. Lameijer, LL.M. Position Department head Organization Case Handling and Litigation - Corporate Department, Directorate of Public Works and Water Management (Rijkswaterstaat) Location Utrecht
Name Ms R.G. de Lange-Tegelaar, LL.M. Position Vice-President of the District Court of The Hague Organization District Court of The Hague Location The Hague
Juridische Hogeschool Avans-Fontys advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Mr T. Bos Position Operational Director Organization Randstad Professionals Location Amsterdam
Name Mr E.J.W.M. van Egeraat, LL.M. Position Civil-law notary Organization Scheepers en van Nunen notarissen Location Uden and Veghel
Name Mr M.P.G.M. Gorgels, LL.M. Position Lawyer Organization Holla advocaten Location ‘s-Hertogenbosch
Name Mr J.J.L. Janssen Position Court bailiff Organization Janssen en Janssen Gerechtsdeurwaarders Location Eindhoven
Name Prof. Dr. A.M. van Kalmthout Position Emeritus Professor of Criminal Law Organization Tilburg University Location Tilburg
64 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Ms D. Kienjet-van Hoorn, LL.M. Position Section head of Administrative Legal Affairs Organization Province of Noord-Brabant Location ‘s-Hertogenbosch
Name Ms drs. A.H. Kuiken Position Member of the Lower House Organization PvdA parliamentary party Location The Hague
Name Ms N.E.N. de Louwere, LL.M. Position Lawyer Organization Van den Boomen Location Waalre
Name Prof. drs. H.P.J. Ophof, LL.M. Position Emeritus Professor of Business Law Organization n/a Location Dongen
Name Mr P.H.C.M. Schoemaker, LL.M. Position Vice-president, chairman of the administrative-law sector Organization District Court Location ‘s-Hertogenbosch
Name Mr L. Spronken, LL.M. Position Lawyer Organization Spronken & Co advocaten Location ‘s-Hertogenbosch
Name Mr R. Tenge, LL.M. Position Public Prosecutor Organization Location ‘s-Hertogenbosch District Court Public Prosecutor’s Office Name Ms W.R. Tosseram, LL.M. Position Group manager Organization DAS Rechtsbijstand Location ‘s-Hertogenbosch
Name Ms H.T. Zult, LL.M. Position Independent adviser Organization Rezult Location Amsterdam
65 THE PROFESSIONAL BACHELOR – LAW
Hogeschool Leiden advisory committee of professionals for the professional Bachelor of Laws degree programme
Name Mr M. Bezemer Position Associate General Counsel EMEA Organization Plantronics BV Location Hoofddorp
Name Ms A.E. Hopman Position Head of department of General and Legal Affairs Organization Municipality of Heemstede Location Heemstede
Name Ms G.J. de Jong, LL.M. Position Manager, civil-law sector Organization District Court of Haarlem Location Haarlem
Name Ms E.J. de Vroom-Vrolijk, LL.M. Position Junior civil-law notary Organization BMS Netwerk notarissen Location Leiden
Name Ms M. de Vries, LL.M. Position Lawyer Organization TekensKarstens Advocaten Notarissen Location Leiden
Name Mr J. Bogaart Position Department head Organization SRK Rechtsbijstand Location Zoetermeer
Name Mr R. van Steveninck Position Sector manager - implementation of legislation Organization The Hague Chamber of Commerce Location The Hague
Name Mr M. Schultz Position Department head Organization District Court of The Hague Location The Hague
Name Mr T. Kuijt, LL.M. Position Department head Organization Municipality of Oegstgeest Location Oegstgeest
66 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Ms M.E.G. Horvers, LL.M. Position Lawyer Organization Groenewegen en Partner Gerechtsdeurwaarders Location The Hague
Hogeschool Inholland advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Mr B. Kramer Position Specialist secretary Organization Location Rotterdam District Court Public Prosecutor’s Office Name Mr B. van Boxtel Position Tax department Organization Location Rotterdam Municipal Tax Office Name Ms D. Pieters Position Degree programme coordinator Organization Rechtspraak Location Rotterdam
Name Ms I van Rooij, LL.M. Position Lawyer Organization Van Rapperd/Van Rooij B.V. Location Rotterdam
Name Mr J.J. Bogaart, LL.M. Position Insurance law Organization SRK Location Zoetermeer
Name Ms A.M. Moree, LL.M. Position Lawyer Organization Schaap & partners Location Rotterdam
Name Mr Brugman, LL.M. Position Lawyer Organization Bazuin & Partners Location Rotterdam
67 THE PROFESSIONAL BACHELOR – LAW
Name Mr H.J.A. Mesdag Position Organization Municipality of The Hague Location TheManager Hague Back Office
NHL Hogeschool advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Ms H. Reinstra, LL.M. Position Branch manager Organization Het Juridisch Loket Location Leeuwarden
Name Mr Y. Brouwer, LL.M. Position Department head of policy and geo-information Organization Provinsje Fryslan (Province of Friesland) Location Leeuwarden
Name Mr A.H. van der Wal, LL.M. Position Lawyer Organization De Haan Advocaten & Notarissen Location Leeuwarden
Name Mr K. Krijger, LL.M. Position Civil-law notary Organization Hoekstra & Partners Notarissen Location Leeuwarden
Name Ms H. Dijkgraaf Position Owner Organization Dijkgraaf Public Affairs en Advies Location Leeuwarden
Name Mr B. Werkman, LL.M. Position Team manager B&B Organization UWV Location Leeuwarden
Name Mr drs. A. Dam Position Legal coordinator DSOB Organization Municipality of Leeuwarden Location Leeuwarden
68 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Ms S. Velsink, LL.M. Position District Court staff lawyer Organization Rechtspraak Location Leeuwarden
Name Mr W.J. Borghardt, LL.M. Position Team manager, Department of Legal Affairs Organization CJIB Location Leeuwarden Name Mr E. v.d. Maesen de Sombreff, LL.M. Position Head of Space and Welfare Organization Municipality of Zuidhorn Location Zuidhorn
Hogeschool Utrecht advisory committee of professionals for the professional Bachelors of Laws degree programme
Name Mr L. van ’t Hof Position P&O Adviser Organization Location Utrecht District Court (Public Prosecutor’s Office) Name Ms M. Lamers Position Staff lawyer in Family & Supervision sector Organization District Court of Utrecht Location Utrecht
Name Mr S. Lanshage, LL.M. Position RAIO Organization District Court of Utrecht Location Utrecht
Name Ms F. van der Grinten, LL.M. Position Head of Study Programmes Organization Netherlands Bar Association Location The Hague
Name Ms E. Knipschild, LL.M. Position Employment lawyer Organization Kennedy en van der Laan Location Amsterdam
Name Ms Westerbeek, LL.M. Position Employment lawyer Organization Kennedy en van der Laan Location Amsterdam
69 THE PROFESSIONAL BACHELOR – LAW
Name Ms A. Lensvelt Position Court secretary Organization District Court of ‘s-Hertogenbosch Location ’s-Hertogenbosch
Name Ms S. de Neeve Position Organization Immix Advocaten Location ZeistMediator in business and employment conflicts
Name Mr J. Terpstra, LL.M. Position Founder of Inhuisjurist Organization Inhuisjurist Location Utrecht
Name Ms C. Siewers, LL.M. Position Junior civil-law notary Organization Olenz Notarissen Location Veenendaal
Name Ms O. Paya, LL.M. Position Legal assistant Organization Davina & Partners Location Hilversum
Name Mr W.K. Vonk, LL.M. Position Civil-law notary Organization Vonk civil-law notaries & mediators Location Schoonhoven
Name Ms A. Arnold Position Team coordinator / Legal Adviser Organization Municipality of Utrecht Location Utrecht
Name Ms S. Verkerk, LL.M. Position Legal adviser Organization Municipality of Utrecht Location Utrecht
Name Mr S. van Velzen Position Organization Utrecht Police Location UtrechtRecruitment officer
70 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Ms A. Ashouwer Position Senior resource manager Government Organization USG Juristen Location Utrecht
Name Ms I. Mooij Position Legal assistant Organization DAS Rechtsbijstand Location Amsterdam
Name Ms K. Maassen Position Legal assistant Organization DAS Rechtsbijstand Location Amsterdam
Name Mr H. Helsdingen Position Senior Legal Counsel Organization ARAG Rechtsbijstand Location Leusden
Name Ms drs. M. Braakensiek, LL.M. Position Senior adviser Oranjewoud Legal Organization Advies- en Ingenieursbureau Oranjewoud Location Heerenveen
Name Mr P. van Dijk Position Organization GroenLinks Parliamentary Party Location ThePolicy Hague officer
Hogeschool van Amsterdam Educational Advisory Council for the professional Bachelors of Laws degree programme
Name Mr J. van Besouw, LL.M. Position Head of legal affairs and compliance Organization AEGON Location The Hague
Name Ms drs. G.M. Boekhoudt, LL.M. Position Senior judge Organization District Court of Amsterdam Location Amsterdam
71 THE PROFESSIONAL BACHELOR – LAW
Name Mr R.W. Clumpkens, LL.M. (chairman) Position civil-law notary/partner Organization De Brauw Blackstone Westbroek Location Amsterdam
Name Mr H.W.B. Croiset van Uchelen Position Team leader, single-judge cases Organization Amsterdam District Court Public Prosecutor’s
Location Amsterdam Office Name Ms drs. R. Deken Position Operational Director Organization Randstad Search & Selection / Randstad professionals Location Amsterdam
Name Ms H. Elbers, LL.M. Position Unit Manager Development and strategy/on behalf of urban district secretary Organization Amsterdam-Noord urban district Location Amsterdam
Name Mr J. van der Hoek, LL.M. Position Lawyer/partner Organization Houthoff Buruma Location Rotterdam
Name Mr R.D. Langezaal, LL.M. Position Legal Advice manager Organization DAS Rechtsbijstand Location Amsterdam
Name Ms J.A.C.M. Nielen, LL.M. Position Deputy sector manager, legal services Organization Province of Noord-Holland Location Haarlem
Name Ms C.M. Selbach Position Manager Strategy and People Organization DWI Location Amsterdam
Name Ms J.M. Soeters-Keman Position Legal Knowledge and Information manager Organization AKD Location Rotterdam
72 PROGRAMMES AND ADVISORY COMMITTEES OF PROFESSIONALS APPENDIX 6 – DETAILS OF UNIVERSITIES OF APPLIED SCIENCES, DEGREE
Name Mr J.A. de Swart, LL.M. Position Committee member for study programmes and professional competence/Court bailiff Organization Royal Dutch Organization of Bailiffs (KBvG) Location The Hague
Name Ms M.J. Wientjes, LL.M. Position HRM manager Organization District Court of Amsterdam Location Amsterdam
Name Mr K. van der Wolf, LL.M. Position Senior legal and compliance counsel Organization Koninklijke Ahold N.V. Location Amsterdam
Advisory committee of professionals for the professional Bachelors of Laws degree programme Windesheim
Name Mr E. Metselaar, LL.M. Position Recruiter legal staff Organization Nysingh Advocaten Notarissen NV Location Apeldoorn
Name Mr A. Boessenkool, LLM Position Senior lawyer Organization Het Juridisch Loket Location Zwolle
Name Mr P. Uitzetter Position Programme coordinator Organization District Court of Zwolle Location Zwolle
Name Mr W. ter Avest Position General manager/court bailiff Organization Jongejan Wisseborn Gerechtsdeurwaarders Location Groningen
Name Mr E. Linde, LL.M. Position Civil-law notary, mediator, estate planner Organization Linde Notarissen Location Dedemsvaart
73 THE PROFESSIONAL BACHELOR – LAW
Name Mr G. Kamp, LL.M. Position Head legal department Organization Eenheid Sociale Zaken en Werkgelegenheid Municipality of Zwolle Location Zwolle
74 Appendix 7 – Summary of national professional organizations consulted
Organization Studiecentrum Rechtspleging SSR (Training and Study Centre for the Judiciary) Location Zutphen / Utrecht Contact person Ms. A. Bögemann, LL.M. Position Study programme Director, ZM (the judiciary) Website www.ssr.nl
Organization Netherlands Bar Association Location The Hague Contact person Ms. F. van der Grinten, LL.M. Position Policy adviser Website www.advocatenorde.nl
Organization Raad voor de Rechtspraak (Council for the Judiciary) Location The Hague Contact person Ms. J. Barnhard
Website http://www.rechtspraak.nl/Organization/Raad- Position PolicyVoor-De-Rechtspraak Support Officer HRM
Organization OSR study programmes Location Utrecht Contact person Ms. drs. M. Bastiaan Position Director Contact person Mr I. de Boer, LL.M. Position Study Programme Manager Website www.osr.nl
Organization Royal Notarial Association (KNBO) Location The Hague Contact person Ms. C. van Kordelaar, LL.M. Position Administrative Secretary for Education and Candidate Affairs Website www.knb.nl
75