MONTENEGRO
Montenegro is currently implementing the Law on higher education which stipulates the obligation of the higher education institution to ensure 25% of the teaching process to be performed as practical education. The former Law on higher education didn't have such legislative requirement and practical dimension of the teaching process at University of Montenegro Faculty of law has been largely neglected in terms on keeping the pace with the most recent tendencies in practical (clinical) legal education, after the initial introduction of the clinical subjects that had relied on the simulation and case study analysis. Due to this explicit legislative requirement, the situation is currently getting better; however, there is a need for transfer of knowledge and experience in this area that would enable University of Montenegro Faculty of law academic staff to advance faster in terms of meeting the said legislative requirement in both quantitative and qualitative sense. For this to be achieved, a strong support will be need from the Ministry of Justice, Judicial Training Centre, Judicial Council, Montenegrin Bar Association and other Montenegrin professional organizations of lawyers, all of which have already shown their willingness to help to achieve this goal which in the capacity of non-academic partners in realisation of project activities.
It is a reasonable expectation that bringing reality in the classroom will enhance student employability, which is currently one of the most pressing issues in Montenegrin economy and society in general. To that end, in order to provide more possibility for young lawyers to reach first employment, the plan is to create a live legal clinic as a voluntary form of teaching (i.e. elected course) which would involve students of the fourth and fifth year of the partially integrated three cycle study program (3+2+3). Hence, in case of University of Montenegro Faculty of law, it would involve students of the Master studies. The legal clinic would be providing legal advice by students, under the supervision of qualified lawyers and mentors at the clinic, which mitigates fears of potential incompetence. The idea is the of discontinuation with the classic European type of legal education, which was historically centred on traditional (ex cathedra) lectures, with lecturers presenting theoretical legal concepts to students, in order to place the emphasis on the development of important legal skills such as corresponding, interviewing, and counselling of clients, helping in negotiations, litigation and practical legal research, which are also skills that are very much needed in nowadays employment market. Therefore, the focus will be on the skills which are usually identified as fundamental lawyering skills, in order to better equip the students of the final years of study for practical tasks after completion of their studies. One of the most important benefits of this legal clinic will be that it will allow access to legal advice and information to the poor and socially disadvantaged groups of society who do not have sufficient financial means and cannot get information in any other way simply because they cannot afford a lawyer. Namely, there is a strong need in Montenegro for this type of legal aid since the existing social situation such that it leaves many without sufficient financial capacity to obtain professional legal advice and representation. All students will be organized into groups specializing in particular areas of law, which are recognized to be of the greatest importance for the live clients of the Clinic. The groups are: International - human rights, Criminal law, Commercial law, Property law, Family law, Heritance law, and Obligation law. Although the legal clinics are generally focused on providing advice to live clients with low incomes or those that do not have access to legal aid, since the Commercial law clinic exist in the curriculum of the FoL UoM we will try to engage the students at this clinic in providing of the legal services to start-up companies on commercial and corporate law, if this proves to be necessary in the realisation of this clinic, or to facilitate the identification of the candidates for the international moot court competitions in the field of Commercial and international law, under Commercial Law Clinics.
Special attention will also be paid to popularization of the legal clinics among students who are first hand beneficiaries of this important project, especially by stressing that this will vastly enhance their employability after the graduation.
Since the realisation of the primary goal of the project requires special skills to be demonstrated by the educators that will be leading the clinic and helping student in theirs first contact with the live clients, it will be beneficial, even indispensable for designated educators to first improve their own skills in working with live clients and in clinical legal education in general. However, the accomplishment of this task requires significant funds that could not be secured through national/public means of financing, at least not up to the amount sufficient for the satisfactory number of educators that will be involved. Additional financing will also be needed to establish close and fruitful collaboration with more accomplished institutions in this subject area needed. Also, the accomplishment of this task in Montenegro requires the collaboration and support form a larger number of national institutions. These institutions will probably be willing to participate in the envisaged activities, since they have declared their formal support. However, the fact remains that they would be better motivated should this project include them and provide certain specific incentives.
KOSOVO
In Kosovo, the Law on Higher Education, Section 1.6, Section 4, Section 1.2, establishes the practice in higher education institutions as a quality assurance basis. It serves the acquisition and development of in-depth knowledge and competences of students. "Kadri Zeka" University [Further UKZ] has also drafted a quality assurance document "Quality Standards" through which, the professional practice is indispensable in achieving development objectives.
The Faculty of Law at "Kadri Zeka" University for various reasons has not been and still is not at the proper level of holding and practicing sessions in legal clinics. The students, together with professors, have conducted such practices only through temporary stimulation projects in various institutions, such as in the basic courts, local prosecutors' offices, lawyers and notaries of private bailiffs. Legal education requires a continuous clinical activity which is irreplaceable in developing the professional competencies of students.
"Kadri Zeka" University has built cooperation reports with justice and security institutions in Kosovo, which are available with all their staff and professional capacities to contribute to the development of our institution. The "Kadri Zeka" University has cooperation agreements with the Ministry of Justice, Kosovo Judicial Council, Kosovo Prosecutorial Council, Kosovo Chamber of Advocates, bailiffs and notaries. For UKZ it is especially important to combine formal and informal and professional learning in the development of the professional and scientific knowledge of our students.
This clinic also allows academic staff to broadcast their scientific and professional knowledge in developing students' skills and skills.
The Legal Clinic will undoubtedly have a high impact on the students of the Faculty of Law of UKZ. It will provide a higher opportunity of practice from the bachelor study base to continue advancement since the 2nd year of studies until the 4th year. Clinical subjects would develop their activity at the clinic, and professors and students would have many opportunities to practice norms and international legal norms during the course. The professional development of students at the bachelor and master level for UKZ implies an increase in professionalism which will directly affect the increase of the employability of graduate students at bachelor or master level by UKZ.
The clinic, besides the opportunities for a concrete knowledge transmission, also enables students' entrepreneurship to grow and develop cases. This will also affect the avoidance of fear and hesitation by the students. In addition to lectures and exercises, clinic simulations would enable the work of students with a mentor or tutor from outside the university, such as attorneys, notaries, attorneys, judges, prosecutors and others.
The clinic enables the enrichment of the usual lessons with new concepts of learning development, including free thinking, creative thinking, introduction of group work, debating, negotiating and court councils, developing field research and other elements which affect the enrichment of the skills of the implicated.
With their activity, students, professors and other implications will be open to the public to deal with judicial decisions and those of other justice, security and other relevant bodies. Professors and students will also be able to provide free legal advice on the marginalization of marginalized citizens and minorities.
The clinic will be used by all modules of the UKZ Law Faculty, including the criminal, civil, administrative-constitutional, financial and international modules. Exploitation will be done by student selection and the coordination of professors
The groups are: International - human rights, international public law, criminal law, civil law, administrative law, commercial law, family law and inheritance, civil law clinics, practical judicial skills, criminal justice clinics and others.
Although legal clinics in general are focused on providing advice to live low-income clients or those who do not have access to legal aid, as the law clinic exists in the UML curriculum, we will strive to engage students in this clinic in providing legal services to start-up companies in commercial and corporate law, if this is needed to accomplish this clinic or to facilitate the identification of candidates for international jurisprudence competitions in the field of Commerce and market international law, according to the Commercial Law Clinics.
Special attention will be paid to the popularization of legal clinics among the students who are first beneficiaries of this important project, especially emphasizing that this will increase their employability rapidly after graduation.
