6 ECTS credits
150 h study time
Offer 2 with catalog number 4022219DEW for working students in the 2nd semester at a (D) Master - preliminary level.
Building on the knowledge students have acquired in the courses of Constitutional Law and Administrative Law, this course studies the different mechanisms of legal protection of the citizen against the state.
Both the preventive (among others principles of good administration, formal obligation to state reasons, openness of administration, participation of the citizen), as well as curative or repressive legal protection (by the ombudsman, by the administration, by the civil judge by the administrative judge) are discussed.
In the section on curative or repressive legal protection, first the mechanisms of the ombudsman and the administrative appeals are studied.
Subsequently, the legal protection by the civil court is thoroughly examined, with attention to the doctrine of state liability and the scope of judicial control over the government, seen in the light of the principle of the separation of powers and the right to effective legal protection.
Afterwards, the legal protection offered by the Administrative litigation section of the Council of State is explained in detail.
Finally, constitutional litigation is also highlighted, with particular attention to the procedures before the Constitutional Court.
Where useful, European case law is of course integrated into the course.
During the lectures, practical skills in the context of legal protection against the government are also taught (e.g. handling of cases, calculation of deadlines, drafting of a notification that complies with the formal obligation to state reasons).
The education is organized in such a way that participation of working students is also possible.
For concrete planning of teaching activities, reference is made to Canvas.
Lesson recordings are used.
During the lectures, case and practical teaching is dealt with interactively.
The student can explain and place the central concepts in the treated subjects of legal protection against the government; the student can correctly interpret these doctrines in the current state of law.
The student knows which possibilities exist in Belgium for citizens to guarantee their rights against the government; he knows which judge or authority to turn to and which procedure to follow.
Through case research, the student is able to dissect problem situations independently and translate them into legal terms, to identify and explain legal sources.
When faced with a conflict situation involving a government, the student is able to develop a strategy for dealing with such disputes. He can legally justify and argue this strategy.
The final grade is composed based on the following categories:
Oral Exam determines 100% of the final mark.
Within the Oral Exam category, the following assignments need to be completed:
An oral exam, with written preparation, is organised concerning the material seen during the lectures. During the examination, both knowledge questions and case study questions are asked.
Mastering the legal texts is an assessment criterion at the examination. So always study the material with the legal texts at hand. Please note, markings and cross-references in the codex must always be made in accordance with the VUB codex regulations. (For further explanation, please refer to Canvas)
This offer is part of the following study plans:
Master of Laws: Civil and Procedural Law (only offered in Dutch)
Master of Laws: Criminology (only offered in Dutch)
Master of Laws: Economic Law (only offered in Dutch)
Master of Laws: Tax Law (only offered in Dutch)
Master of Laws: International and European Law (only offered in Dutch)
Master of Laws: Public Law (only offered in Dutch)
Master of Laws: Social Law (only offered in Dutch)
Master of Laws: Criminal Law (only offered in Dutch)
Master of Laws: Law and Technology (only offered in Dutch)
Master of Social Law: Standaard traject (only offered in Dutch)