Expertise

From the 22nd to 27th February 2016, protagonists of the Rechtsstandort Hamburg met for the second time with judges of Georgia in the context of the Hamburg diaLAWgue network.

The topic of the meeting was "Judicial Independence" from a legal, political and economic perspective.

The guests had the opportunity to participate in professional dialogues, workshops and to discover the city. The ten judges from Georgia stayed for one week.

Hamburg diaLAWgue organized a visit of Georgian judges from the "Unity of Judges of Georgia" on the subject "judicial independence" from December 7^th to December 13^th 2014.

In a workshop at the University of Hamburg the legal framework of judicial independence was discussed from a German and European perspective. Practical issues were the focus during the following days in discussions with members of the judiciary and advocacy of Hamburg. Who appoints judges? How are legal cases assigned to individual judges? Which disciplinary sanctions do the courts have against the individual judge? Accents could be made while discussing formal selection procedures of judges and how judges were treated, who practiced their profession in the former German Democratic Republic (GDR).

The 11 judges of the delegation were satisfied not only about the content discussed, but also about the warm welcome in Hamburg.

The University of Hamburg organised a summer school on the legal framework of administrative actions with the cooperation of the Federal Ministry of Justice and within the framework of the ‘Legal Cooperation Programme of the GIZ in China.’ The focus of the discussion was on administrative organisation and administrative actions, particularly when such actions are challenged in an official complaints procedure or in court. This discussion was complemented by visits from official bodies (construction, the Port Authority, justice), courts, and specialised law firms.

This visit took place within the GIZ programme ‘Legal and Judicial Reform in the South Caucasus.’ Subjects discussed included the organisation of notaries in the framework of a chamber system, government oversight, the collective representation of notaries’ interests, the qualification process for notaries, and the differences between lawyers and notaries. There were visits from the Hamburg Chamber of Notaries, the professional association of notaries, a notary’s office, the Department for Justice, which acted as a supervisor, and the professor of the law of foundations at Bucerius Law School.

This visit by Georgian teachers at the Judicial School, which took place within the GIZ programme ‘Legal and Judicial Reform in the South Caucasus,’ was concerned with the organisation of the education of judicial assistants and the process and requirements for becoming a judge. There were visits to the judicial examination office, the training centre for judicial assistants, a medium sized law firm, a prosecutor, and conversations with trainees, instructors and assessors.

This visit by graduates of the Judicial School of Georgia, which took place within the GIZ programme ‘Legal and Judicial Reform in the South Caucasus,’ was concerned with the procedure for the selection and appointment of judges, the daily work of judges (organisation of the work, processing of files, preparation of meetings), the organisation and work of public prosecutors, negotiation procedures, and the personal development of judges. Following a welcome by the President of the Hanseatic Higher Regional Court, there were visits to courts, the public prosecutor, and expert discussions, among other events.

This visit by a delegation from the Attorney General’s Office of Kyrgyzstan was at the invitation of the Friedrich Ebert Foundation. The subjects were the judicial system and the role of public prosecutors in Germany. The group observed an appeal hearing at the Minor Criminal Chamber of the Regional Court of Hamburg before visiting the Chief of Police, the Criminal Investigations Office and the Traffic Control Centre. There was a reception at the Department for Justice, where there was a discussion about government supervision of the work of public prosecutors. There were further visits to the Attorney General’s Office and the Public Prosecutor’s Office, where there were presentations on the legal status and functioning of these offices.

Within the ambit of a project of the Council of Europe aimed at modernising the Ukrainian judicial system, this visit sought to give an insight into the implementation of court mandated mediation in Germany. The visiting judges used their visits and lectures, on aspects of the organisation, the practical effect of this mediation, and the training procedure, to develop their own forms of mediation. This was facilitated by discussions with representatives from the Higher Regional Court of Hamburg, the Local Court, the Administrative Court, Bucerius Law School and the Hamburg Chamber of Commerce (Mediation and Arbitration).

This study visit, within the ambit of a project by the Council of Europe and coordinated by the Hamburg Bar Association, offered an insight into the organisation and training of the legal profession. The visit focussed on the role of lawyers in the legal system, particularly their role in mediation, and the differences between lawyers and notaries. There were visits to the Hamburg Bar Association, the Hamburg Chamber of Notaries, and visits and expert discussions by law firms and the Hamburg Chamber of Commerce.

Two day seminar in cooperation with the German Institution of Arbitration and the IRZ. Training of Armenian lawyers in the field of arbitration (in particular UNCITRAL Model Law, New York Convention on the Recognition and Enforcement of Arbitral Awards).

This was a visit by a delegation of Ukrainian insolvency practitioners and insolvency judges aimed at finding out about the practice of insolvency proceedings in Germany. Following a welcome in the Department for Justice, there were lectures on current legal and political developments in insolvency law. There was then a visit to a firm of insolvency practitioners. The court insolvency procedure was analysed from the point of view of both judges and judicial assistants. There was a further lecture on the implications of insolvency law at a European level. The visit concluded with a trip to a credit insurance institution and a look at IT processes used in insolvency offices.

The University of Hamburg, in its capacity as part of the China-EU School of Law, and in cooperation with the All China Lawyers’ Association and the Hamburg Bar Association, organised this two month course in English concerning legal issues in cross-border investments. Selected participants were able to take part in a week-long event in Beijing, during which experienced lawyers from all over China could discuss matters with European lawyers. There was discussion of practical and legal difficulties with setting up businesses and purchasing existing businesses, as well as matters of mutual concern, including relevant financing models and IPOs. The three-week course was followed by a visit to relevant European institutions, especially those concerned with the control of cartels. Participants also carried out four-week internships with law firms with an international client base.

Documentation

In September/October 2019, ten students of the Faculty of Law of the University of Hamburg visited the Loyola Law School in the partner city of Chicago (Illinois), accompanied by Prof. Dr. Dr. Milan Kuhli.

The Rechtsstandort Hamburg e.V. supported the project financially in order to promote academic exchange.

In September 2018, eight students of the Faculty of Law of the University of Hamburg visited the Loyola Law School in the partner city of Chicago (Illinois), accompanied by Prof. Dr. Dr. Milan Kuhli.

The Rechtsstandort Hamburg e.V. supported the project financially in order to promote academic exchange and is pleased to be able to support the project again in 2019.

On April 1st, 2016 a delegation of China Women’s University (Beijing) visited the Faculty of Law of the University of Hamburg and the Regional Social Insurance Appeals Tribunal.

The topical focus of the meeting was the legal education in China and Germany - ranging from legal studies at universities to the legal training and advanced vocational training of judges.

The main aspects of the workshop included the interlinking of university and applied education, the structure of exams as well as the assessment of educational training with respect to typical career paths.