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The educational assessment of the Advanced Master’s study programmes in Law

An evaluation of the quality of the Advanced Master’s study programmes in Law at the Flemish Universities

www.vlir.be Brussels - June 2007

The educational assessment of the Advanced Master’s study programmes in Law

This report can be acquired in print at: VLIR-secretariaat, Egmontstraat 5, 1000 BrusselT +32 (0)2 550 15 72 - F +32 (0)2 512 29 [email protected] - www.vlir.be

This report is available electronically at: www.vlir.be

Legal deposit number: D/2007/2939/3

Preface by the chairman of the VLIR

This report reflects the vision of the assessment committee that evaluated the academic Advanced Master’s study programmes at the Flemish Universities. The assessment committee conducted its investigation and visited the study programmes in the Autumn of 2006. This initiative falls partly within the task given by the Flemish Government to the Flemish universities and to the Flemish Interuniversity Council (VLIR) regarding the external quality assurance of academic education.

The assessment committee followed the assessment procedure, in which – in addition to the very important suggestions and recommendations within the context of the continued improvement of academic education – it also gives an assessment and evaluation score concerning the six subjects and underlying criteria of the accreditation framework of the Dutch-Flemish Accreditation Organisation (NVAO). These evaluation scores will form an important element for the accreditation decision of the NVAO.

The assessment report is intended firstly for the programmes involved and is aimed primarily at quality maintenance and improvement. In addition, the report is also intended to provide objective information to the outside world about the quality of the study programmes evaluated. For this reason, the report is posted on the VLIR website (www.vlir.be).

However, the reader must bear in mind that this assessment report is only a snapshot and is only one phase in the process of ongoing concern for educational quality. After all, after just a short time, the study programmes can be dramatically changed and improved, partly in response to the results of internal educational evaluations by the universities themselves, or in response to adequately formulated recommendations by the assessment committee.

Firstly, I would like to thank the chairman and members of the assessment committee for the time they have invested and for the high level of expertise and dedication with which they have performed their task.

This assessment has only been made possible thanks to the efforts of all those involved within the institutions in the preparation and implementation of the assessment site visits. I would like to thank them sincerely. I hope that the positive comments formulated by the assessment committee and the adequate recommendations for further improvement provide justification for their efforts and encouragement for the further development of the study programmes.

Prof. Dr. B. Van Camp

VLIR Chairman

Preface by the chairman of the assessment committee

The assessment committee has examined the Advanced Master’s study programmes in Law which are taught in foreign languages in the Flemish universities and was required to express its view as to the quality of these study programmes.

The assessment committee has made a careful and detailed examination of each study programme taking account in the first instance of the self-evaluation report which each study programme drew up. During the assessment site visit to the various universities, the assessment committee has conducted extensive discussions which were most stimulating and took place in an open and constructive atmosphere, with students, alumni and the staff of the study programmes as well as with representatives of the Faculties and the university higher hierarchy. These discussions formed an excellent and essential additional source of information which complemented the self-evaluation report and permitted the assessment committee to come to a judgment about each study programme which is reliable and firmly founded in fact.

This is the first time that these study programmes have been assessed, except for the Erasmus Mundus programme at the Universiteit Gent, which has been the subject of various assessments of the transnational study programme as a whole.

The assessment committee is grateful to all the Faculties which it visited for their warm welcome and the cooperative and constructive manner in which they received the assessment committee and have reacted to its suggestions.

The quality of the study programmes is of a high standard and this is in no small measure due to the high quality of the staff teaching on the study programmes. The commitment of the staff to their study programmes and to their students is exceptional. That is also reflected in the positive reactions, so far, which the study programmes have given to the suggestions which the assessment committee has made; many good initiatives have already been taken to achieve such improvements as the assessment committee has felt should be made.

The assessment committee is extremely grateful to dr. ir. E. Van Zele who, as a member of staff of the Cell Quality Assurance of the VLIR, has been a tremendous support to the assessment committee in the fulfilment of its task. Her dedication and commitment to the quality of Higher Education has been exemplary.

As chairman I would like to take this opportunity of thanking all the members of the assessment committee, both the core members and the specialist members for

individual study programmes for the highly constructive, open and professional way in which they have facilitated the achievement of the assessment committee’s tasks. The job of chairing the assessment committee has been made so much easier by their positive input. The experience for all of us in participating in this assessment exercise has been extremely agreeable and we too have benefited from what we have learned.

Prof. Dr L.W. Gormley

Chairman of the assessment committee

Advanced Master’s study programmes in Law

Table of contents

Preface by the chairman of the VLIR 3Preface by the chairman of the assessment committee 5

Section 1: General section 9

I. The Advanced Master’s in Law educational assessment 11

II. The reference frame 21

III. General considerations of the assessment committee 33

IV. Table with scores, subjects and criteria 43

Section 2: Reports of the study programmes 49

The Advanced Master’s study programmes in Law:

I. Universiteit Gent: Master of Advanced Studies in European and Comparative Law 51

II. Universiteit Gent: Erasmus Mundus: European Master in Law and Economics 81

III. Katholieke Universiteit Brussel: Master of Legal Theory 115

IV. Vrije Universiteit Brussel: Master of International and Comparative Law 145

V. Katholieke Universiteit Leuven: Master of Laws (LLM) 171

Katholieke Universiteit Leuven: Master of European Social Security

Katholieke Universiteit Leuven: Master of Laws in Energy and Environmental Law

Katholieke Universiteit Leuven: Master of Laws in European and International Taxation

Appendices 241

Appendix 1: Curriculum vitae of the members of the assessment committee 243Appendix 2: Time schedules of the assessment site visits 253

Section 1 General section

I

1| Introduction

In this report, the assessment committee Advanced Master’s study programmes in Law reports on its fi ndings concerning the academic Advanced Master’s study programmes in Law at the Flemish universities, which were visited in Autumn 2006 on behalf of the Flemish Interuniversity Council (VLIR).

This initiative is part of the activities of the VLIR in the area of external quality assurance and ensures that the Flemish universities are complying with the relevant decree obligations.

2| The study programmes involved

In accordance with its mission, the assessment committee visited:- from 22nd till 24th November 2006: Universiteit Gent

! the Master of Advanced Studies in European and Comparative Law! the Erasmus Mundus: European Master in Law and Economics

- from 5th till 6th December 2006: Katholieke Universiteit Brussel ! the Master of Legal Theory

- from 7th till 8th December 2006: Vrije Universiteit Brussel! the Master of International and Comparative Law

- from 19th till 22nd December 2006: Katholieke Universiteit Leuven! the Master of Laws (LLM)! the Master of European Social Security! the Master of Laws in Energy and Environmental Law! the Master of Laws in European and International Taxation

Section 1The educational assessment 11

The Advanced Master’s in Law educational assessment

12 The educational assessmentSection 1

The order in which the study programmes have been visited and assessed has only been determined by pragmatic and organisational considerations. The assessment committee is aware that this order could, although implicitly, have had an influence on the evaluation performed. However, the assessment committee took great care to ensure that, in all respects, comparable evaluations and recommendations were made.

3| The assessment committee

3.1. Composition of the assessment committeeThe composition of the assessment committee Advanced Master’s study programmes in Law was ratified on 25th July 2006 by the Higher Education Recognition Committee, (Erkenningscommissie Hoger Onderwijs), with an additional ratification on 21st August 2006 of committee members who joined the assessment committee later. The assessment committee was established by the VLIR in its decision, dated 23rd August 2006.

The assessment committee had the following composition:Chairman of the assessment committee:- Prof. Dr L.W. Gormley, Professor of European Law & Jean Monnet Professor,

Department of European & Economic Law, Jean Monnet Centre of Excellence, Rijksuniversiteit Groningen

Other members of the assessment committee:- Prof. Dr Mr. L. A. Geelhoed †, Emeritus professor, former Advocate General of the

Court of Justice, Luxemburg.- Prof. Dr A. M. Hol, Professor of Jurisprudence and Philosophy of Law, Universiteit

Utrecht, the Netherlands.- Prof. Dr U. Magnus, Professor of Civil Law, Private International Law and

Comparative Law, University of Hamburg, Germany.

Especially with respect to the evaluation of:- the Erasmus Mundus: European Master in Law and Economics at the Universiteit

Gent Prof. Dr Mr. M. Faure, professor of Comparative and International Environmental

Law, Maastricht University, the Netherlands participated in the assessment committee.

- the Master of Legal Theory at the Katholieke Universiteit Brussel Prof. Dr R. Cotterrell, Professor of Legal Theory at Queen Mary and Westfield

College, University of London, United Kingdom participated in the assessment committee.


- the Master of European Social Security, Katholieke Universiteit Leuven Prof. Dr R.J.A. Muffels, Professor of socio-economics (in particular labour market

and social security) at the Department of Social and Cultural Studies at Tilburg University, the Netherlands, participated in the assessment committee.

- the Master of Laws in European and International Taxation, Katholieke Universiteit Leuven

Prof. Dr H.J. Ault, Professor of Law, Boston College Law School, USA; Senior Advisor, Centre for Tax Policy and Administration, OECD Paris, France participated in the assessment committee.

- the Master of Laws in Energy and Environmental Law, Katholieke Universiteit Leuven

Prof. Dr H. Chr. Bugge, Professor of Environmental Law at the Department of Public and International Law, Faculty of Law, University of Oslo, Norway participated in the assessment committee.

Methodologist committee member of the assessment committee:- Dr G. Cuyvers, Coordinator Educational Development, Katholieke Hogeschool

Kempen, Belgium.

Student member of the assessment committee:- Mr. S. Neetens, Master of Law student (licentiaat in de Rechten), Katholieke

Universiteit Leuven.

The members of the assessment committee appointed for the evaluation of a particular study programme have only participated in the preparatory meeting, the assessment site visit to that particular study programme and to the editorial meetings concerning that specific study programme. As such, prof. Dr Mr. M. Faure only participated in the site visit to the Erasmus Mundus: European Master in Law and Economics at the Universiteit Gent and the evaluation and editing of that report. Taking into account his alliance with the study programme Master of Laws (LLM) at the Katholieke Universiteit Leuven, prof. Dr Mr. M. Faure did not participate in the assessment site visit or in the evaluation or editing of the report concerning that study programme.Prof. Dr R. Cotterrell only participated in the site visit to the Master of Legal Theory at the Katholieke Universiteit Brussel and in the evaluation and editing of the report concerning that study programme.Prof. Dr R.J.A. Muffels only participated in the site visit to the Master of European Social Security at the Katholieke Universiteit Leuven and in the evaluation and editing of the report concerning that study programme.Prof. Dr H.J. Ault only participated in the site visit to the Master of Laws in European and International Taxation at the Katholieke Universiteit Leuven and in the evaluation and editing of the report concerning that study programme.


Prof. Dr H.Chr. Bugge only participated in the site visit to the Master of Laws in Energy and Environmental Law at the Katholieke Universiteit Leuven and in the evaluation and editing of the report concerning that study programme.

Mr. S. Neetens, being a student at the Katholieke Universiteit Leuven, only parti-cipated in the preparatory meeting and the assessment site visit to the study programmes at the Universiteit Gent, the Katholieke Universiteit Brussel and the Vrije Universiteit Brussel and the evaluation and editing of the reports concerning these study programmes. In view of his involvement in the study programme Master of Laws at the Katholieke Universiteit Leuven, he did not participate in the assessment site visit and in the evaluation or editing of the study programmes at the Katholieke Universiteit Leuven.The student perspective however was considered by the other members of the assessment committee and integrated in the questions and themes discussed during the assessment site visit with all parties involved. As such, the valuable student perspective was also integrated in the assessment site visit at the four Advanced Master’s study programmes at the Katholieke Universiteit Leuven and was well considered during the interviews.

Prof. Dr Mr. L.A. Geelhoed, member of this assessment committee, was unable – due to health reasons – to participate in the assessment site visits to the individual study programmes and resigned from the assessment committee shortly after the assessment site visits. As his absence only became clear during the period of the assessment site visits to the institutions, there was insufficient time to assign another member to the assessment committee. The assessment committee felt, having regard to the expertise of its other members, that it could adequately cover prof. Geelhoed’s field. Consequently, the assessment committee has considered these marks in its task and in the evaluation of the individual study programmes.The chairman and the members of the assessment committee deeply regret the death of professor Geelhoed on 20th April 2007.

Mrs. Dr ir. E. Van Zele, staff member of the Quality Assurance Unit of the Flemish Interuniversity Council (VLIR), was the project manager of the educational assessment of the Advanced Master’s study programmes in Law and was the secretary of the assessment committee.

For brief curriculum vitae of the members of the assessment committee, the reader is referred to Appendix 1.


3.2. Task descriptionThe mission of the assessment committee, which is described in the establishment decision, reads as follows:

- based on the information to be provided by the faculties and through the conversations to be held on site, to form an opinion about the quality of the study programmes (including the quality of the graduates) and about the quality of the educational process (including the quality of the educational organisation), also taking account of the requirements and expectations resulting from the faculty’s task of preparing every student for the independent exercise of the discipline or professional application of academic knowledge;

- to formulate recommendations to bring about quality improvement;- to assess whether the quality of the study programme meets the assessment

criteria of the accreditation framework and to give an integral final assessment of the study programme which the NVAO will take as its basis for the accreditation.

3.3. Method3.3.1. PreparationIn order to prepare for the assessment of the study programmes, the institutions were asked to draw up an extensive self-evaluation report. The Quality Assurance Unit of the VLIR has made available an assessment protocol1 for this purpose, which describes into detail the expectations regarding the content of the self-evaluation report. The self-evaluation report follows the accreditation framework. In addition to actual descriptions per subject and per criterion of the accreditation framework, the study programmes were also asked to make known their future prospects and to include a critical strengths and weaknesses analysis in the self-evaluation report at subject level. In addition, a number of compulsory appendices are included, such as a description of the curriculum, student and staff tables, course descriptions, examination questions, etc.

The assessment committee received these self-evaluation reports a number of months before the actual assessment site visits, so that it had adequate opportunity to study these documents carefully and to prepare thoroughly for the actual assessment site visits.

The members of the assessment committee were asked to select two Master’s theses from a list of recent Master’s theses for each study programme. The selected Master’s theses were delivered at the Quality Assurance Unit of the VLIR, a few weeks before the actual assessment site visit. Consequently, each member of the

1 | www.vlir.be/vlir/02thema%27s/03kz.htm


assessment committee had thoroughly read at least two Master’s theses of each study programme before the actual assessment site visits took place.

The assessment committee held its preparatory meeting on 1st September 2006. At this point, the committee members were already in possession of the assessment protocol and the self-evaluation reports. During the preparatory meeting, the committee members were given further information about the assessment process and they made specific preparations for the forthcoming assessment visits. Furthermore, at this meeting, the assessment committee formulated its reference frame (see chapter II).In addition, the time schedules for the assessment visits were drawn up (see Appendix 2) and an initial discussion of the self-evaluation reports were held.

3.3.2. Visit to the institutionsThe second source of information comprises the interviews and conversations which the assessment committee conducted during its assessment site visits to the relevant faculties with all the parties involved in the Advanced Master’s study programmes in Law. The universities were also asked – as a third source of information – to provide a wide variety of documents, available at the institutions during the assessment site visits for the assessment committee. During the assessment site visits, sufficient time was scheduled to give the assessment committee the opportunity to study these documents thoroughly.

The documents made available to the assessment committee typically were: the teaching material (courses, handbooks and syllabuses); portfolio and reports from students, reports by the important policy-making or policy-monitoring bodies (faculty council, study programme committees and departmental councils), documents relating to the internal quality assurance (survey forms, non-staff related evaluation of education), documents concerning the procedures for curriculum reforms, examples of information provision to prospective students, etc. Also an additional number of Master’s theses were made available for inspection. Where the assessment committee deemed it necessary to obtain additional information in order to support its judgment, this information was requested during the assessment site visits.

The time schedules always envisage – in addition to conversations with those bodies responsible for the study programme, the students, the teaching staff, the faculty and study programme-related policy staff – a site visit to the facilities (including the library, laboratories, computer facilities), an interview with graduates of the study programme and a counselling hour to which the assessment committee can invite persons from the study programme or at which individuals can be heard in confidence by the assessment committee.


The conversations and interviews held with all stakeholders – held in an open mind – have been illuminating and were a helpful supplement to reading the self-evaluation reports. At the end of each assessment site visit, following internal debate by the assessment committee, the provisional findings were verbally notified to the study programmes assessed in a presentation by the chairman.

3.3.3. ReportingAs the last step in the assessment process, the assessment committee compiled its findings, conclusions and recommendations into the present report. Moreover, in accordance with the provisions for the assessments within the context of the NVAO accreditation of the study programmes, it awarded an evaluation of satisfactory/unsatisfactory to the six subjects in the accreditation framework and an evaluation of excellent/good/satisfactory/unsatisfactory to the constituent and underlying criteria of each subject.

The programme directors of the study programmes and the responsible bodies at the institution were given the opportunity to respond to the draft report about their study programme. The assessment committee considered and took account of the responses from the institution when the final report was laid down.

4| Brief overview of the educational assessment

The assessment committee has conducted its assignment with great interest and dedication. It has evaluated – in conformity with its assignment – the academic education in the Advanced Academic study programmes in Law in Flanders. The assessment committee has had the unique opportunity to reflect and debate among peers about the profile, the quality and the future of the academic advanced education in various fields of law.

With respect to the undecided funding status of the Advanced Master’s study programmes in Flanders at the moment of the assessment site visits and the editing of the final report, the assessment committee has found the individual study programmes in a state of uncertainty related to the future financing of the study programmes. This issue has been discussed during the interviews and conversations. The assessment committee is firmly of the opinion that each of the eight study programmes evaluated deserves having its funding continued or assured.

Notwithstanding the uncertainty concerning the further funding of the study programmes (and consequently perhaps even about the future of the individual study programmes), the assessment committee was able to conduct its assignment with


due care, thanks to the conversations held in an open mind with all stakeholders of the individual study programmes. The assessment committee therefore was able to establish a clear opinion about the individual study programmes.

For all the study programmes evaluated – except for the Erasmus Mundus: European Master in Law and Economics at the Universiteit Gent – the evaluation conducted by the assessment committee was the first external assessment exercise, in conformity with the task assigned by the Flemish Government to the Flemish Universities and to the Flemish Interuniversity Council (VLIR). Consequently, the study programmes could not lay down initiatives to improve the quality of the study programme, based on former external assessment exercises. Nevertheless, the study programmes evolve constantly and all the universities show initiatives to further improve the academic Advanced Master’s education in law.

The educational assessment of the Advanced Master’s study programmes in Law is part of a first series of external quality assurance initiatives, for which the new VLIR-VLHORA-assessment protocol has been used, that is in line with the accreditation requirements. The assessment report will also be used for the application of the accreditation of the individual study programmes.

During the discussions, the assessment committee tried at all times, in a critical and constructive manner, to make proposals for further improvement and to contribute to future reforms. In its assessment, it took into account the individuality of the institutions and the study programmes evaluated and always placed the opinions and suggestions within the specific context of the evaluated study programmes.

The assessment committee hopes that this assessment report will contribute to the positive evolutions of the academic Advanced Master’s education in Law in Flanders. The assessment committee wishes to initiate a debate within the Faculties and universities involved in order to analyse in which areas improvement ought to be made to the study programmes and to which extent this is feasible within the given constraints. The assessment committee further hopes that the present report will provide useful information to the outside world and communicates clearly the characteristics and qualities of the study programmes assessed.

The assessment committee concludes that the Advanced Master’s study programmes in Law provide a good quality academic education to their graduates. The assessment committee expresses the hope that, with respect to further improvement of the study programmes, its report might give a positive impulse to the Flemish Advanced Master’s study programmes in Law to continue to organise


attractive and interesting study programmes, with respect for their profile, the research focus and expertise of the research groups as well as their strengths eminent in the different institutions.

The assessment committee was impressed by the dedication and enthusiasm of the staff, the students and alumni of the different study programmes. The assessment committee thanks the faculty, all employees, students and alumni of the study programmes who have contributed to the success of this external evaluation through their cooperation and efforts during the preparatory phase as well as through the conversations held during the assessment site visits.

5| Structure and organisation of the report

The present report consists of two sections. Section one of the report, in chapter II, contains a description by the assessment committee of its reference frame on which the assessment of the study programmes is based. In chapter III, the assessment committee describes its general considerations concerning the evaluation of the study programmes. In chapter IV the scores assigned to the different criteria for each study programme are summarised in a table. The assessment committee emphasises that the table should not be read or interpreted without consulting the actual report of the particular study programme.

In section two, the assessment committee reports on the various study programmes assessed. The recommendations made by the assessment committee for each individual study programme are outlined at the end of the report of each individual study programme. The individual reports are ordered according to the chronological order of the assessment site visits to the study programmes.

6| Conclusion and recommendations

The assessment committee is firmly of the opinion that all of the study programmes meet the assessment criteria of the assessment framework and the assessment committee recommends to the NVAO that it accredits the study programmes accordingly.

I

Introduction

In order to evaluate educational programmes, the assessment committee uses a reference frame based on formulated objectives, defi ned fi nal objectives and established quality requirements which, in its opinion, should be met by an advanced academic study programme in Law. The assessment committee does not solely formulate opinions, but also has to indicate the basis for these opinions.

In compiling the reference frame, the assessment committee took as its basis the reference frames used to evaluate the bachelor and master study programmes Law in Flanders1 and in the Netherlands2, the objectives and fi nal requirements formulated by the study programmes themselves in their self-evaluation reports, the Flemish ‘structure decree’ (2003)3 and the testing framework of the Dutch-Flemish Accreditation Body (NVAO)4 which presents several minimum requirements based on the internationally accepted Dublin descriptors, as well as on international requirements imposed on academic study programmes in Law.

The reference frame describes the requirements to be met concerning the domain-specifi c minimum requirements for the master after master study programme, the required student profi le for a graduate in the fi eld and the transition to the labour

Reference frame of the assessment committee for the Advanced Master’s study programmes in Law, Autumn 2006

II

1 | De onderwijsvisitatie Rechten-Notariaat. VLIR, Brussel. 2005.2 | Rechtsgeleerdheid. QANU, Utrecht. 2004,

www.qanu.nl/comasy/uploadedfi les/Rechtsgeleerdheidwebsite.pdf3 | Decree regarding the restructuring of higher education in Flanders (4 April 2003).4 | The accreditation framework for existing institutes of higher education in Flanders, NVAO,

14 February 2005.

The reference frame 21Section 1

Section 122 The reference frame

market5. At the same time, an adequate understanding must exist of the general educational objectives and starting points for an academic study programme, the requirements regarding teaching organisation, personnel policy and internal quality assurance.

The assessment committee evaluates master after master programmes (post-initial master programmes), with Masters at the intake which indicates that advanced level students enroll for these programmes. The assessment committee emphasises that students act on this level and are addressed accordingly.

The reference frame was submitted to the programme management before the actual assessment visit, but after submission of the self-evaluation reports. During the assessment visit by the assessment committee, an opportunity will be provided to discuss the frame of reference with the programme management.

This reference frame is intended to be used as a guideline for the evaluation of the study programmes by the assessment committee, and is not to be looked upon as a strict checklist to tick off all criteria individually. The reference frame describes a number of criteria that the assessment committee will consider when examining and evaluating the quality of a study programme and should be seen as a device to establish a level of performance and expectations which is situated, higher than the level at which bachelor and initial master’s programmes are expected to operate. The reference frame will be used as a backbone on which the committee will base its opinion and judgements.

Notwithstanding whether the programmes have evolved from post-initial specialised – deepening (in Flemish GGS) or post-initial broadening (in Flemish shortened to GAS programmes), the assessment committee expects the master after master (post-initial master) programmes to perform at a higher level, compared to the bachelor and initial master’s programmes.

‘GAS-opleiding’: Course of advanced academic education leading to the academic degree of graduate in supplementary studies as laid down in Article 8 of the decree.

‘GGS-opleiding’: Course of advanced academic education leading to the academic degree of graduate in specialised studies as laid down in Article 8 of the decree.

5 | The frame of reference for the second Master’s and specific study programmes is compiled subsequently by the sub-committees.


1| Objectives and attainment targets

1.1. General objectivesFor the description of the general (minimum) objectives of an academic Master’s programme, the assessment committee takes as its basis the five Dublin descriptors, specifically (1) knowledge and understanding, (2) application of knowledge and understanding, (3) judgement forming, (4) communication and (5) learning skills. The master after master’s graduate:

(1) has demonstrable knowledge and understanding, based on and superseding or expanding upon the acquired Bachelor’s level, as well as providing a basis or an opportunity to make an original contribution to the development and/or application of ideas, often in a research context.

(2) is able to transfer knowledge to other contexts: i.e. to apply knowledge, understanding and problem-solving abilities in new or unknown circumstances within a broad multidisciplinary6 context, relative to the programme;

is able to integrate knowledge and to handle complex material.(3) is able to form judgements based on incomplete or limited information, taking into account

cultural, social and ethical responsibilities, which are linked to the application of his/her own knowledge and judgements.

(4) is able clearly and unambiguously to communicate conclusions, as well as the underlying knowledge, rationale and considerations, to an audience of specialists and non-specialists, including to members of the research team and the outside world.

(5) possess the learning skills enabling him or her to undertake further study that is largely self-directed or autonomous.

1.2. Domain-specific requirements, attainment targets for master-after-master study programmes in LawThe master after master programmes that are the subject of the assessment visiting process cover different areas of law and in some cases the interactions between law and other disciplines. In answer to the evolving position of the field of law in society and the wide range of applications of the domain, the assessment committee describes basic and more specific objectives and requirements for the study programmes.

As the master after master programmes are to be seen as a further deepening or broadening of the field of expertise of the domains explored and studied during the master’s programme, the assessment committee formulates the following basic competences to be attained by the graduate from a master after master’s programme. The classification according to the Dublin Descriptors is indicated below.

6 | Multidisciplinary is to be interpreted as the different disciplines or areas of law, within the discipline of the study programme.


Understandably, the different study programmes aim at different objectives for the graduates to be met. The assessment committee formulates requirements generic for all study programmes it is to evaluate.

The graduate:Knowledge and understanding (descriptor 1): The graduate:- should have developed a thorough insight into and overview of the relevant

domains of law in their theoretical and practical application;- should be able to understand the interactions between national and international

legal systems from different perspectives;

Application of knowledge and understanding (descriptor 2):The graduate:- should be able to find, analyse and interpret relevant information sources,

analyse theoretical and factual problems in the context of the application of legal concepts and rules in their broader context;

- should be able to recognise and interpret changes in the law;

Making judgements (descriptor 3):The graduate: - should be able to formulate arguments for a particular context or situation in a

theoretical or practical debate;- should be able to recognise complex legal questions and problems, be able to

analyse them in relation to the legal concepts, models and structures; - should be able to translate ideas and considerations into a practical proposal or

solution in a real-life situation;

Communication (descriptor 4):The graduate: - should be able to discuss these problems in an international and/or multicultural

context and interact with other professionals about these problems;

(Descriptors 2 and 4):The graduate: - should be able to set up and conduct research, analyse data and interpret and

report about the findings;


Learning skills (descriptor 5):The graduate: - should be able to relate knowledge and relevant information from different

areas and use this information in a new context to deal with legal issues and develop a thorough understanding of a particular field;

- should be able to use at a high level a wide variety of research-based problem solving strategies to address new problems and propose possible solutions;

- should be able to communicate efficiently to peers, specialists and non-specia-lists and to work individually as well as in group;

- should have a critical understanding of and ability to apply state of the art methodologies according to high academic standards;

(Descriptors 1 and 5):The graduate: - should be able to develop a broad view of domains related to the theory of law and

its applications in the relevant legal field, or develop a thorough understanding of a particular theoretical field, depending on the scope of the study programme (i.e. aiming at a more general, wide range or a more specific, detailed study of a particular field).

2| Educational guidelines

The assessment committee outlines the following educational guidelines as objectives to be aimed for by the study programmes.

The study programme guarantees the academic, social and preparatory professional relevance, the effectiveness and efficiency of the training programme.

To this end, the teaching must meet content-related and professional standards defined by developments in the field of study and academic area and requirements imposed by the labour market, the study programme must be up to date, must take into account state of the art knowledge, making use of state of the art teaching methods.

Academic area and field of study- The study programme reflects state of the art theoretical developments and

developments in the field of study that can be found in the content and structure of the teaching programme.


Professional field- The study programme establishes structural contacts with the relevant profes-

sional field.- The knowledge of and experience gained from the relevant professional field is

translated, where possible, into the programmes offered.- The study programme pursues an active alumni policy.

Academic knowledge concerning teaching and learning- The study programme has an explicit vision of teaching and learning (the educa-

tional reference frame).- The educational frame of reference helps to form the starting point for the

organisation of the programme.

Relevant social and economic developments- The study programme is up to date with the effects of information technology

in the field of study and has incorporated this knowledge into the teaching programme.

- The study programme has a clear and explicit vision of the internationalisation of the study programme.

2.1. Objectives and attainment targets- The objectives and attainment targets of the study programme must be based on

the legal regulations, developments in the academic area and field of study, the professional field for graduates, knowledge concerning teaching and learning and relevant social developments.

- The choices made by the programme management are clearly and explicitly set out in the educational policy of the programme management and translated into the educational profile.

- The objectives and attainment targets are clear and specific and capable of assessment.

- The academic level of the study programme is expressed in detail in the objec-tives and attainment targets.

- The attainment targets are decisive for the content and design of the programmes offered.

- Objectives and attainment targets are formulated at the level of both the study programme and at course level.

- The academic staff work demonstrably within the context of the attainment targets of the study programme.

- A recognisable correlation is observed between the attainment targets for the study programme and the objectives at course level and at programme level.


2.2. Didactics of the educational learning process- The vision of teaching and learning is translated specifically into methods and

didactics deemed necessary for the study programme.- The student’s learning process is the main focus and is the starting point for

organisation of the teaching programme.- The learning process is supported by adequate teaching equipment and by

appropriate study and instructional material, available in sufficient amounts to the students.

- Suitable didactic methods are used, they are efficiently monitored using rele-vant technologies, making active use of an electronic teaching platform where appropriate.

- The methods are stimulating and encouraging student participation.

2.3. Feasibility of the study programmeFeasibility of the study programme- The programme should be feasible for the student in the time allowed and it

should encourage an effective use of time.- In as far as possible, account should be taken of individual variations in pace of

study (e.g. working students). - The study programme needs to indicate how the guidance and supervision are

organised.- When necessary, flexible study programmes are facilitated.

Study output/Study time- The institution operates systematic monitoring of the balance between notional

and real study time.- The institution works on a system which will make figures available regarding

students’ progress and educational career.

Admission conditions- The institution clearly indicates the entry level required of students.- The administration criteria and procedure are clear and transparent.

Presence of factors facilitating/hindering study- Factors hindering study are identified. A remedy is devised.- Factors facilitating study are implemented, followed up and adjusted where

necessary.- Admission conditions related to gender and other target groups are clearly

stated.


2.4. Evaluation and testing- The vision of teaching and learning is specifically translated into the form and

content of the assessment.- Efforts are made to achieve variation in assessment methods, an optimum

distribution of the study load and the best possible planning of the evaluation activities during the examination periods.

- The examination requirements and forms are clearly made known to students in advance.

- The content of the examination is in line with the objectives and final require-ments aimed at by the study programme.

- Assessment takes place based on previously established assessment criteria.- The study programme provides feedback to students regarding test results.- The forms of the examinations are in line with the teaching and learning

methods used, as well as with the nature of the courses taught.- The result obtained by the individual student needs to be testable and the

methods used must be transparent.

2.5. Quality requirements regarding the Master’s thesis- The Master’s thesis is an individual demonstration of competence and represents

the final element of the study programme.- The study programme is organised in such a manner that the student can prepare

adequately for taking this competence test (e.g. bachelor study programmes envisage a gradual training in academic reporting, Master’s programmes build further on this competence).

- Through the Master’s thesis, the student demonstrates that he/she can analyse, approach and implement a research problem in a creative and academically justifiable way and that he/she is able to report its results clearly, both in writing and orally, in accordance with academic guidelines.

- The Master’s thesis must make a contribution to knowledge in its field.- Adequate supervision for the Master’s thesis must be provided.- The Master’s thesis represents at least one-fifth of the total number of credits,

with a minimum of 15 and a maximum of 30 credits.- The evaluation criteria are clearly and explicitly defined and published.- If a Master’s thesis is the subject of group work, the assessment criteria are

transparent and evaluate the individual student.- The university or the study programme has satisfactory procedures in place for

dealing with plagiarism.


2.6. Internationalisation- The study programme takes appropriate account of the international nature of

its students’ base and perspectives. - The international dimension of the study programme is adequately managed.- The programme management forms an active part of a network of educational

establishments.- The programme management encourages international relations and university

mobility, both within Europe and with the relevant areas of study.- The quality of education received abroad is tested.- The programme management must check whether all communication and

IT options are utilised for knowledge acquisition and dissemination.

3| Personnel policy and quality requirements of teaching staff

3.1. Quality requirements of teaching staff- The quality requirements of the teaching staff relate primarily to:

! teaching expertise;! academic expertise;! linguistic proficiency;! familiarity and experience with the professional field.

- In order to safeguard the academic orientation of the study programme, the staff needs to be of a high academic level.

- There is a constant aim for a clear link between the staff’s research and teaching. The broad orientation inherent in a study programme also requires that staff be widely available. The teaching field can be broader than the research field.

- The specificity of the study programme requires that staff develop international contacts with feedback to their teaching and/or research through participation in international networks and joint ventures.

- In order to achieve familiarity and involvement with academic research, an academic curriculum and active participation in academic research are expected of the staff.

- The teaching staff are regularly evaluated and an active remedy policy is pursued.

- Sufficient didactic support is to be offered to the staff.- The educational curriculum forms an important element of promotion and

recruitment.- Ability of staff to attract external funding as appropriate.


3.2. Personnel policy- The procedure regarding the recruitment and appointment of personnel is

clearly described and publicised.- Personnel selection takes place partly on the basis of task profiles in line with

the teaching tasks.- Lecturers are regularly evaluated as described in the 1991 University Decree.- The study programme has a guidance programme for its staff, which is in line

with the requirements of the teaching programme and is able to respond to the results of the evaluations of the teaching of the staff.

- Results of evaluations partly form the basis for the personnel policy to be pursued.

- The study programme uses standards to determine the teaching load of the staff.

- The lecturers can be easily addressed and reached by the students.- The study programmes aim at obtaining a good gender balance among its staff

and reach out to target groups.

4| Teaching organisation and provisions

4.1. Material provisions/facilities- The staff has sufficient resources, including library and online resources

(quantity and quality) and adequate accommodation available to suit their educational and research assignments.

- The students have sufficient resources, including library and online resources (quantity and quality) and adequate accommodation to support the educational and learning process.

- The university should provide adequate organisational support for foreign students (housing and administrative formalities).

4.2. Study information and counselling- Sufficient information (prospectuses, website, introductory days) are made

available to (potential) students.- The teaching and examination rules are made available to everyone, as is the

possibility of lodging a complaint in this respect with an ombudsperson, central department or person of trust.

- The faculty pursues a policy aimed at early detection of changes in intake.- The study programmes are subject to the provisions of the flexibility decree in

the development of flexible learning routes.- Possibilities are built into the teaching to eliminate deficiencies in knowledge

and skills.


- The study programme envisages a system of study and student counselling, aimed at the prevention and early detection of study problems. Solutions are actively sought. Individual counselling is envisaged for personal and/or study-related problems.

- Student counselling is aimed at assuming one’s own responsibility for studying (and learning to study).

4.3. Teaching organisation- Teaching is organised so that it is possible to adapt the teaching strategies to

changing needs of the programme.- Teaching is organised so that the consistency of the teaching programme (both

in the development phase and during the implementation and improvement phases) is guaranteed.

- The programme management board has the power and the responsibility, based on the objectives and attainment targets and the ensuing course profile, to design the teaching and the teaching organisation.

- The internal working and consultation structure is appropriate.

5| Internal quality assurance

- The integral quality assurance system is well structured and comprehensive.- The quality policy and system are geared to both prevention and control.- Quality assurance concerns not only the primary process, but all quality aspects

in their mutual correlation and in relation to the responsibility levels.- The programme management works as often as possible with target standards

for evaluating whether and to what extent the desired quality is achieved.- Competences are clearly defined within the context of the implementation of

quality control, consultation in the light of availability of results, following up decisions with possible adjustments and/or teaching innovations as a result.

- The programme management possesses the information systems needed to achieve quality and for monitoring and judging the quality provided.

- A clear organisational structure is present to support the quality assurance process.

- Quality control is in line with the intended aims of the teaching design and the target standards established for achieving them.

- Within the study programme, a climate is present aimed at delivering maximum quality.

- The programme management pursues a policy that stresses quality delivery.- All stakeholders are involved in the quality control process.


6| Results of teaching

The study programme safeguards its objectives and final requirements and evaluates the results of teaching, obtained by the programme. To this end, the following elements are essential: - the level attained by the graduates (e.g. the level of the Master’s thesis, the level

of the internship, where appropriate the level of the examinations)- the structural contacts with the labour field and the attention for the needs of

the professional field.- an active alumni policy- the results of teaching:

! Factors hindering the study are identified. A remedy is devised.! Factors facilitating the study are implemented, monitored and adjusted where

necessary.! Data is collected concerning the characteristics of the intake, the progress

of the students throughout the programme and the study careers of the students.

General considerations of the assessment committee

1| Introduction

The assessment committee is aware that the assessment round takes place in a period in which the continued status of the Advanced Master’s study programmes is the subject of discussion, particularly in political circles. These study programmes, and particularly those in Flanders, form the jewel in the crown of university study. They permit the students to obtain or further develop skills, knowledge and critical abilities in specialised areas of Law which are of major academic and societal relevance. These study programmes prepare their graduates to participate actively in the critical analysis of policy formation within the legal framework in areas of activity which are fundamentally important for the political, legal, social and economic systems for the future of Europe. They form a central keystone of the intellectual achievement in Law for which Flanders has such a distinguished reputation.

III

General considerations 33Section 1

Section 134 General considerations

Subject 1: Objectives of the study programme

International appeal of the Advanced Master’s study programmes in LawInternational study programmes offer an external visiting card for Law Faculties, which otherwise often concentrate principally on national Law (albeit with some European, international and theoretical elements), with teaching, research and perspectives that are often confined to the national sphere. Such a visiting card is essential to promote the image and profile of a dynamic and modern Law Faculty which is increasingly exposed to global influences and competition from Law Faculties in other jurisdictions. An international study programme thus characterises the Law Faculty concerned as having horizons stretching beyond national frontiers. It appears to the assessment committee that this potential is not yet fully realised by all of the Faculties which the assessment committee has assessed. This means sometimes that the international study programmes are out on a limb and are not seen as being part of core business. This is also true at university level, where the importance of a high international profile is not infrequently underestimated. The assessment committee is of the opinion that more support should be given to profiling international study programmes as being at the heart of all the activities of the universities and the Law Faculties in Flanders.At the same time the assessment committee emphasises that the different Law Faculties, when introducing advanced English language Master’s programmes, have to position their study programmes carefully in the busy field of such study programmes in Europe. The Advanced Master’s study programmes in Law have an excellent reputation, but it will be necessary for them to remember to adapt to increasing challenges and opportunities in order to retain and consolidate their position.

Transnational study programmesThe assessment committee observes that especially for the organisation of transnational study programmes, incompatibility of national legislation can result in merely formal obstacles for the organisation of such a study programmes and the administration of students. This is especially true for international study programmes subsidised and recognised by the European Commission (Erasmus Mundus study programmes). It will be necessary for national legislation to be adapted to ensure that present rules do not stand in the way of the proper functioning of these study programmes.


Tuition FeesThe tuition fees in Flanders are rather low, compared with those applicable in many countries in the European Economic Area (although it is true that in some countries there are effectively no tuition fees payable by students at all); this is because of the limit imposed by a Decree of the Flemish Government. Given that it may well be that funding will be no longer available for some or all of the Advanced Master’s study programmes, consideration should be given to increasing the tuition fee to provide a surer basis for further development of these study programmes, for example by attracting more prominent guest lecturers or speakers to these programmes. If this line be followed, it would be sensible to make provision for scholarships, loans and/or waivers to be available to deserving candidates on merit, regard being had to their financial circumstances.

Domain-specific requirementsIn some study programmes the domain-specific requirements are implicit, but are not actually clearly explained in the self-evaluation report. This missed opportunity meant that the assessment committee had to dig to establish just what these requirements were. In the interests of transparency and accessibility, promoted by ECTS files and the quality assurance process, as well as in the interest of a smooth assessment and accreditation process, it will be essential for all study programmes to make such requirements explicit in the future. This should not be seen as a bureaucratic exercise, but rather as a means of clearly explaining what study programmes seek to attain and how they seek to attain and deliver their objectives. Domain-specific requirements should clearly reflect the mission of the study programme, and the programme should be clearly based on that mission: the mission of the study programme should form the firm foundation of the study programme itself. The listing and description of domain-specific requirements is an important document for communication to students and other parties involved in order for the strengths and core business of the programme to be both apparent and transparent. This promotes discussion and enables contributions to be made by stakeholders to the continuing improvement of the programme concerned.

Subject 2: Curriculum

Educational frame of referenceStudy programmes did not always make explicit their educational frame of reference, although this is essential because it determines the methods and didactic approach which will be used. It can also be invaluable to ensure coherence in the otherwise diverse approaches of the professors.


Transparency of examination systemsSome study programmes have a policy, based on the university regulations, of not communicating to students their grades immediately after the examination concerned, because deliberations only take place at the end of the academic year. Other programmes do make such information available earlier, depending, again, on university regulations. The assessment committee is of the opinion that even if giving proper feedback in the form of the marks is not yet allowed by the university regulations, students ought to have some insight into their performance in order to learn from what they are doing and to understand whether their performance is under the level required, at the required level, or at a higher level. Moreover, although it appears that anonymous marking for written examinations is not yet the norm in Flanders, urgent consideration should be given to making anonymous marking standard, in accordance with international best practice.

Study time measurementSome study programmes do not have (institutional) study time measurements in place, or are in a transitional phase, or even in a vacuum on this point. The Advanced Master’s programmes are not currently the subject of systematic evaluation and much depends on the initiative of the individual lecturers. The absence of structural study time measurements frequently resulted in the assessment committee hearing statements such as ‘students do not complain’, or ‘currently, no one has mentioned that the programme is too heavy’. This is qualitative information but it does not allow the study load (burden), to be properly monitored and remedial action to be taken where necessary. Such evaluation is an essential part of the teaching process, and should be undertaken by all study programmes without delay. It can best be organised at faculty or at university level, and the assessment committee recommends that appropriate attention be paid to this point without delay. While the individual study programmes could, and in some cases have, set up their own initiatives in this field, study time measurement is of more general interest and value, and for this reason the assessment committee suggests that the necessary instruments be developed at the broader faculty or university level and put at the disposal of the different study programmes. At the same time, at broader faculty or university level, a policy concerning regular study time measurement should be developed.

FeedbackIn some courses it is apparent that students should get more and better feedback, related to their work, not simply in terms of marks, but in terms of performance, shortcomings, and suggestions for improvement. This will enable students to raise their performance level during the period of the study programme. Sometimes this deficiency appears to be linked to guest lecturers, where the lecturer is only present at a short period of time at the university. However, even in these cases,


ways of improving feedback can be devised. This is especially important for written assignments. Students should have a right to receive feedback within a reasonable time on the papers they have produced otherwise it becomes very hard for students to raise their standards.

Deadline for the Master’s thesisSome study programmes rely on the summer holidays to allow students to finish their Master’s thesis; and others do not take into account when that Master’s thesis has been handed in (June or September) in deciding on the marks to be awarded. The assessment committee is particularly in favour of clear and strict deadlines for the submission of the Master’s thesis, but it recognizes that the choice of June or September as such is a matter for the study programmes themselves. Nevertheless, the maintenance of a clear requirement and deadline helps to ensure equal treatment of all the students, to guarantee clear standards, and to obviate a temptation for students to postpone submitting their Master’s thesis in order to get a higher grade. Obviously there may be circumstances in which it is perfectly legitimate for a student to seek a postponement, but they should be evaluated on an individual basis, and there should be no culture of slippage of deadlines. Moreover, some study programmes which, as a general rule, permit Master’s theses to be submitted in September should carefully consider the risk of this resulting in a higher effective study load than the norm of 60 ECTS.

Students’ proficiency in English as a working languageThe maintenance of a high standard of English for admission purposes is essential to ensure that students can cope adequately with the level required for a good understanding of their courses. It seems that the TOEFL / IELTS tests do not always guarantee that the student has sufficient proficiency in English. It may be possible to devise other ways of testing the student’s fluency in English, both in writing and in speech: they might be telephoned before the admission decision is taken, in order to check their spoken English, and they could be asked to submit examples of graded written work in English.

Subject 3: Deployment of Staff

The ‘mother or father of the programme’The assessment committee was charmed by the enthusiasm and very impressed by the dedication with which the academic and administrative staff support the various study programmes, which it has examined. Many of the students expressed during their meetings with the assessment committee their high esteem for their ‘mother or father of the programme’. Their appreciation for the efforts at the support and organisational level of the study programme to accommodate and support students as much as possible was manifest. All of the study programmes


have such figures and these people were highly praised by each group of students and alumni which the assessment committee met. The various Faculties should realise that such figures are especially important for the quality and success of (in particular) international study programmes.

Dedication and level of staff overallThe assessment committee was particularly impressed by the personal dedication of all the staff (especially the founding fathers of the study programmes, but also the teaching staff and support staff ). Their heart is very much in their work, even for study programmes which have been running for many years. The study programme was taught often by some of the leading authorities in their fields, which helps to ensure that the Advanced Master’s study programmes in Flanders rightly enjoyed a distinguished international reputation. The overall standard of Advanced Master’s education in Law in Flanders is very good, and indeed some study programmes are unique or unrivalled in Europe. Moreover, many of the staff are at the forefront of legal research in their fields.

Some of the study programmes are very reliant on the efforts of teaching staff that have full or part time tenure in the general Dutch language Bachelor or Initial Master’s study programmes in Law. Most of them, in addition have a busy professional life in the legal world. This can lead to too much work load being placed on the shoulders of the teaching staff. The Law Faculties might wish to consider approaching an integrated quality assurance policy that also considers the possible effects their different programmes have for each other.

Promotion of academic staffIt appears to the assessment committee that in Flanders, there are formal obstacles resulting in there being relatively little opportunity for eager, high quality academic staff to attain advancement in their academic status commensurate with the level of advancement, which they could expect, in view of their distinction, in other countries (such as the United Kingdom). The assessment committee feels that the issue of careers should be addressed both by the study programmes and by the Flemish Universities as a whole. The mere entitlement for a teacher in charge of a course to use the title of professor, even when he/she does not have a chair but the status of a lecturer or senior lecturer, is no substitute for proper reflection of the academic standing of staff in terms of their appointment. It would be a shame if good persons were poached to go elsewhere, largely because of the rigid system which seems to be applied in Flemish universities. While some comments were made to the effect that there did not seem to be a demand on the part of staff for speedier promotion, and that the more ‘meat market’ tendencies seen in the United Kingdom, in particular, do not appear to have manifested themselves yet in Flanders, the assessment committee feels that it is inappropriate not to reward


adequately, those whose academic profile, considered internationally, would indicate that they should have a higher status appointment.

Didactic qualitiesVery occasionally, it appears that in some very good study programmes, when the weakest link is identified in the academic competences of one of the tenured staff, the programme directors have relatively little or no authority or power to address that issue. Most study programmes have procedures in place that include a talk with the Dean or the programme directors, or both, remedial methodological courses, etc, but sometimes it appears that relatively little change results. The assessment committee requests that the higher echelons of the universities should address this issue more structurally; they should devise and take measures to cope with situations where these deficiencies have a negative influence on the quality of the study programmes which are offered.

Successors to the ‘founding fathers’Much of the strength of some of the study programmes assessed relies heavily on the high qualities of the founding fathers of the study programmes, who carry much of the weight of the study programme on their shoulders. In some cases, this might be a weakness with regard to the succession and continuity of the study programme, particularly for those study programmes where the founding father is due to retire within a relatively short period. The assessment committee considers that it is essential that good successors to the founding fathers of the study programmes should be sought and found in time to ensure an orderly succession; perhaps by means of a ‘roof tile’ or coadjutor construction, whereby the successor takes up his or her appointment before the founding father retires, in order to be able to take over the management of the study programme in a manner which ensures appropriate continuity. If this is not feasible, formal structures should be in place to support the study programme and to uphold its quality until the successor is operational: too heavy reliance on informal contacts is dangerous at moments when the retirement of the anchor figures is impending.

Subject 4: Material facilities and provisions

Accessibility of online materials in librariesAt some universities, there is no access to the University online collection in the library possible from outside the university network. This is not acceptable, particularly for international study programmes, where not all students may be located in the city in which the study programme operates and be able to simply pop into the library to look at something. A VPN (virtual private network) or other means of ensuring secure access by requiring the entry of the student number and password could solve this problem.


Meeting roomsParticularly for international study programmes, providing students with a meeting (or common) room in which the study-related or other issues can be discussed among the students is important in order to provide them with a ‘home from home’.

HousingInternational students are often confronted with housing problems. At university level a flexible policy should be developed to tackle the housing problem in a broad setting as decent housing is essential for the attractiveness of a university for international students.

Subject 5: Internal quality assurance

Quality managementProper quality assurance depends not merely on the evaluation system being in place but on the wholehearted total management approach. This means that a policy needs to be established which conforms to standard quality assurance requirements and is firmly based on the so called PDCA cycle (Plan, Do, Check, Adjust). Educational quality assessment should correspond to best practice in quality assurance as a whole.

Quality of the self-evaluation reportThe assessment committee cannot stress too highly the importance of a high-quality self-evaluation report, both as regards the description of the study programmes and critical reflection. The purpose of the self-evaluation is to make a critical reflection and analysis about how things are going, how they have been conceived, and whether there is (still) after some years sufficient coherence between the aims and objectives of the study programme and their materialisation in all respects. A good and self-critical analysis in the self-evaluation report is of considerable assistance to the assessment committee in enabling it to analyse study programmes in detail, and have clear questions ready during the assessment site visits, while focusing on the critical criteria which both the assessment committee itself and the self-evaluation report identify. Such analysis also fosters the ease with which the meetings with the numerous stakeholders can be conducted and promotes efficient and targeted use of resources and time. A poor self-evaluation report raises suspicions related to the issues which are merely glanced over; indeed, it draws specific attention to such issues. The result is that the assessment committee is inclined to be even more thorough and penetrating in its questions and analysis. Despite the fact that not all the self-evaluation reports were overtly self-critical, the assessment committee found that the meetings with stakeholders were conducted in an open and constructive spirit. They formed not merely a


useful, but also an essential element in the assessment committee’s findings, enabling it to make accurate observations and useful, targeted suggestions for further improvement.

Alumni Network and Alumni AssociationsSome of the study programmes have extremely good alumni networks although some lack a formal alumni association which is capable of organising good initiatives. Those programmes could certainly benefit from having a good alumni association to promote contacts with current students, links with the professions in which the alumni are employed, feedback, and further promotion and development of the study programmes.

Subject 6: Results

Target figuresThe assessment framework which was made available to the study programmes beforehand requires the study programmes to outline their (implicit or explicit) target figures. These relate to matters such as the success rate, appraisal by the students, matters concerning the relationship with the professional sectors in which alumni work, figures related to personnel, and so on. The assessment protocol also requires the study programmes to outline their policy related to these target figures. Only seldom did the assessment committee find that a study programme indeed made any effort at all to outline target figures for success rates; some study programmes still seem apparently blissfully unaware of the need to have these aims in place. Even if a study programme considers a target figure as self-evident, the assessment framework requires that this be explicitly stated in terms of a current policy which is born out in the approach taken. Accordingly, a shift in culture is necessary concerning in particular targets as to success rates and the economic viability and accountability of the study programmes. Given that criterion 6.2 covers several matters, of which targets are merely one, the assessment committee has felt able to take the view that the criterion as a whole is sufficiently well covered. The rating of satisfactory, which has been applied to all study programmes, reflects the fact that on the specific issue of educational targets and the policy related thereto, the performance of the study programmes has been sub-optimal.

AlumniThe assessment committee notes that the alumni of these study programmes obtain good positions after graduation. This clearly reflects the high value which the market attributes to graduates of these study programmes.


2| Concluding remarks

Since the assessment site visits, some of the study programmes informed the assessment committee that they already reacted positively to the suggestions which it made and meanwhile improved the study programme. The assessment committee appreciates this fact; however the present report reflects and can only be based on the situation as found during the assessment site visits.

The assessment committee is very pleased to find that the overall intellectual standards of the Advanced Master’s study programmes in Law in Flanders are very high. All these study programmes deserve funding and while the assessment committee has here and there identified criteria which leave room for improvement, it is of the opinion that none of the study programmes assessed deserve to be threatened with closure.

The state of Higher Education in Flanders, as represented by the Advanced Master’s study programmes in Law, which the assessment committee has assessed, is something Flanders can be proud of.

Table with scores, subjects and criteria

IV

The following table represents the assessment scores of the assessment committee on the six subjects of the accreditation framework and the underlying criteria. The assessment committee has based the attribution of the assessment scores on the minimal requirements for Master’s study programmes, as described in the Dublin descriptors and translated for the Flemish context in the ‘Structuurdecreet van het Hoger Onderwijs (2003)’ (Decree on Higher Education) and the accreditation framework of the Accreditation Organisation of the Netherlands & Flanders (NVAO). Moreover, the assessment committee has formulated its reference frame (Section 1, chapter II), in which amongst others, the domain-specifi c requirements are expressed.

The assessment committee emphasises that an assessment score, attributed to a subject or a criterion, is a summary of a larger number of criteria and points of consideration. Every criterion thus includes a diversity of points of consideration (having a very good, good or lesser quality) that are considered in the assessment. These considerations are understandably pronounced better and more clearly in the report of the individual study programmes, compared to the table in this section. The assessment committee has attributed the assessment scores by making a weighted average of the assessments of these points of consideration.

The table and the scores assigned are therefore inextricably bound with the arguments described in the reports concerning the individual study programme and ought to be read and interpreted in connection to the text of the corresponding report. Any interpretation based solely on the scores in the table, is unjust towards the study programmes and passes over the assignment of this external assessment exercise. The table aims to provide a better view of the diversity in quality of the different study programmes.

Scores, subjects and criteria 43Section 1

Section 144 Scores, subjects and criteria

Explanation of the scores of the criteria (quadruple scale):

E Excellent ‘best practice’, an (international) exampleG Good the quality stands out above the basic quality S Satisfactory fulfils the demands with respect to the basic qualityU Unsatisfactory does not fulfil the demands of the basic qualityNA Not Applicable

Explanation of the scores of the subjects (binary scale):+ Satisfactory: fulfils the demands with respect to the basic quality; there is no scale to indicate further excellence- Unsatisfactory: does not fulfil the demands of the basic quality

The criterion 2.4 ‘duration’ is scored as ‘OK’, if the study programme fulfils the legal requirements with respect to the duration of the programme, expressed in ECTS-credits.

Scores, subjects and criteria 45Section 1

Legend Universiteit Gent (1) LLM: ‘the Master of Advanced Studies in European and Comparative Law’(2) L&E: ‘the Erasmus Mundus: European Master in Law and Economics’

Katholieke Universiteit Brussel (3) LT: ‘the Master of Legal Theory’

Vrije Universiteit Brussel(4) I&C: ‘the Master of International and Comparative Law’

Katholieke Universiteit Leuven(5) Gen Law: ‘the Master of Laws (LLM)’(6) Soc Sec: ‘the Master of European Social Security’(7) En&Env: ‘the Master of Laws in Energy and Environmental Law’(8) Tax: ‘the Master of Laws in European and International Taxation’

Universiteit Gent

Universiteit Gent

Katholieke Universiteit Brussel

Vrije Universiteit Brussel

Katholieke Universiteit Leuven




PRO

GR

AM

ME

LLM (1)

L&E

(2)

LT (3)

I&C

(4)

Gen

Law

(5)

Soc

Sec

(6)

En&

Env

(7)

Tax

(8)

Subj

ect 1

: Obj

ecti

ves

of t

he s

tudy

pro

gram

me

++

++

++

++

Cri

teri

on 1

.1: L

evel

and

ori

enta

tion

of t

he o

bjec

tive

s

of

the

prog

ram

me

GE

EG

GE

EE

Cri

teri

on 1

.2: D

omai

n-sp

ecifi

c re

quir

emen

tsS

EE

GS

GG

G

Subj

ect 2

: Cur

ricu

lum

++

++

++

++

Cri

teri

on 2

.1: R

elat

ions

hip

betw

een

aim

s an

d ob

ject

ives

and

cont

ents

of t

he p

rogr

amm

eG

EE

SS

GG

G

Cri

teri

on 2

.2: R

equi

rem

ents

wit

h re

gard

to

th

e pr

ofes

sion

al a

nd a

cade

mic

ori

enta

tion

of th

e pr

ogra

mm

eG

EE

GG

SG

G

Cri

teri

on 2

.3: C

oher

ence

of t

he p

rogr

amm

eG

EG

SS

GG

G

Cri

teri

on 2

.4: D

urat

ion

OK

OK

OK

OK

OK

OK

OK

OK

Cri

teri

on 2

.5: S

tudy

load

SG

SG

SG

GS

Cri

teri

on 2

.6: C

oord

inat

ion

of s

truc

ture

and

con

tent

sG

GE

GG

EG

G

Cri

teri

on 2

.7: A

sses

smen

t and

exa

min

atio

nS

EG

GG

GG

G

Cri

teri

on 2

.8: M

aste

r’s

thes

is/d

isse

rtat

ion

SG

EE

SS

GS

Cri

teri

on 2

.9: A

dmis

sion

req

uire

men

tsG

GG

GG

GG

G

Subj

ect 3

: Dep

loym

ent o

f sta

ff+

++

++

++

+

Cri

teri

on 3

.1: Q

ualit

y of

sta

ffE

EE

EE

EE

E

Cri

teri

on 3

.2: R

equi

rem

ents

of p

rofe

ssio

nal

an

d ac

adem

ic o

rien

tati

on

GE

EG

EE

EE

Cri

teri

on 3

.3: Q

uant

ity

of s

taff

EE

EG

GG

GG

Subj

ect 4

: Fac

iliti

es a

nd p

rovi

sion

s+

++

++

++

+

Cri

teri

on 4

.1: M

ater

ial f

acili

ties

SS

SS

GS

SS

Cri

teri

on 4

.2: S

tude

nt s

uppo

rt a

nd g

uida

nce

GG

GG

GG

GG

Subj

ect 5

: Int

erna

l qua

lity

assu

ranc

e+

++

++

++

+

Cri

teri

on 5

.1: E

valu

atio

n of

res

ults

GE

GE

GG

SS

Cri

teri

on 5

.2: M

easu

res

to e

ffec

t im

prov

emen

tE

EG

SS

GG

S

Cri

teri

on 5

.3: I

nvol

vem

ent o

f sta

ff, s

tude

nts,

alu

mni

and

the

prof

essi

onal

fiel

dE

GG

GG

GG

G

Subj

ect 6

: Res

ults

++

++

++

++

Cri

teri

on 6

.1: L

evel

that

has

bee

n ac

hiev

edS

EE

EG

GG

G

Cri

teri

on 6

.2: R

esul

ts o

f tea

chin

gS

SS

SS

SS

S

Section 2 Reports of the study programmes

IUniversiteit GentThe Master of Advanced Studies in European and Comparative Law

1| Preface

In accordance with its mission, the assessment committee presents in this report its opinion on the six subjects from the reference frame for accreditation and a global opinion, which will be the basis for the NVAO to accredit the study programme. In addition, the assessment committee makes recommendations for further improvement of the quality of the education delivered by the programme.

The Universiteit Gent (Ghent University, hereafter ‘UGent’) organises an Advanced Master’s programme in European and Comparative Law.

The Master of Advanced Studies in European and Comparative Law was fi rst established at Ghent University in 2001–2002. The main policy objectives for the Ghent University Law School in establishing an English language Advanced Master’s programme was to emphasise the international character of its legal education, to increase the international visibility of its academic work and to facilitate the faculty’s participation in the Erasmus programme by making available to foreign students an increased number of English language courses in Law.

The assessment committee visited the Master of Advanced Studies in European and Comparative Law programme at the UGent from, 22nd till 24th November, 2006.

UGent: European and Comparative Law 51Section 2

52 UGent: European and Comparative LawSection 2

The assessment committee has formed its judgement about the programme based on the self-evaluation report of the programme, the conversations and interviews

the educational assessment of the advanced master’s study programmes in law · 2014. 2. 4. ·...

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