9 ECTS credits
225 h study time
Offer 1 with catalog number 1023660ANR for all students in the 1st and 2nd semester at a (A) Bachelor - preliminary level.
The course includes a general introduction to the law followed by an introduction to (Belgian) public law to end with an introduction to international and European law.
After a general introduction on the concept of law, its significance in society and its main characteristics, an introduction to the sources and principles of law follows, starting from the distinction between formal and material sources of law. In doing so, the hierarchy of legal norms is defined, which forms the backbone and structure of the entire course. Then the formal sources of law are thoroughly discussed. We start with legislation in its material sense, with special attention to the manner in which it is created and the place it holds in the hierarchy of legal norms. Jurisprudence is also discussed in detail while in that section reference is also made to the judicial organization, the essential concepts and the main principles that govern the law. It goes without saying that due attention is also paid to unwritten law (custom, general principles of law and fairness). The main principles of law are discussed at several places in the course. The section on the formal sources of law is concluded with an extensive discussion of various instruments for maintaining the hierarchy of legal norms (role and meaning of the Constitutional Court, the Council of State and the objection of illegality).
Subsequently, subjective rights are explained, more specifically the meaning of this concept, the origin and termination of subjective rights. In this part the concept of legal subject and the different types of legal subjects will be discussed in more detail.
In the chapter devoted to the institutions, students receive a comprehensive introduction to Belgian public law. They are introduced into the Belgian institutional structure, making them aware of the complexity of the Belgian federal organization.
The course also includes a short introduction to the various legal disciplines, explaining the main principles of the various domains of law.
The last part of the course aims to give the students an overview of International and European law. We discuss what international law is, how that right was created and developed and how it relates and interacts with national law. Attention is then paid to the different subjects of international law to subsequently move into the issue of sources of international law. In a following chapter the law of international organizations is discussed, with illustrations such as the United Nations and the European regional organizations including the Council of Europe, the OSCE, NATO, OECD and BENELUX. More attention is paid to the European Union. After outlining its history and evolution, the institutions and competences of the Union, the sources of EU law, and the relationship between EU and national law are explained.
The lectures offered during daytime are recorded and made available to working students.
The final grade is composed based on the following categories:
Written Exam determines 30% of the final mark.
Other Exam determines 45% of the final mark.
PRAC Practical Assignment determines 25% of the final mark.
Within the Written Exam category, the following assignments need to be completed:
Within the Other Exam category, the following assignments need to be completed:
Within the PRAC Practical Assignment category, the following assignments need to be completed:
TYPES OF ASSIGNMENTS, WEIGHT AND LINK WITH THE LEARNING RESULTS:
The evaluation consists of the following types of assignments / components:
Exam (January-February session): 9 marks out of a total of 20 for the course
Exam (June session): 6 marks out of a total of 20 for the course
Practical classes: 5 marks out of a total of 20 for the course
The learning results refer to both knowledge and insight. Whereas the exams aim to test the ready knowledge of students, the practical classes assess students’ ability to apply the theory to simple cases and to answer essay questions, which may also mean that they are required to make connections between various parts of the theory.
The exam is organised in two parts, with an exam in the January-February session covering the course material of the first semester, and an exam in the June session covering the second semester course material.
The course material covered by the January-February session exam consists of what is taught during the lectures and practical classes.
The course material covered by the June session exam consists of what is taught during the lectures and practical classes. In addition to that, students are expected to also prepare one judgement and one advisory opinion from the International Court of Justice, as well as two judgements form the Court of Justice of the European Union for the exam. The judgments and advisory opinion to be prepared are published on CANVAS.
The practical classes zoom in on a number of complex, technical aspects of the course. Two (announced) tests on the topics covered in the practical classes will lead to a final score with a maximum of 5. The tests consist of essay questions and cases for which the students can use their codex. The students are trained to solve these types of questions via examples and model answers provided throughout the semester via Canvas. In the second semester, a visit to a Belgian public institution will be organized.
PASSING THIS COURSE
In order to pass this course, students have to pass all components of the evaluation, meaning both the exams and the practical classes. This means that students have to obtain a score of at least half of the points for each of these components.
In the event that a student would not obtain at least 4,5/9 for the January-February session exam, at least 3/6 for the June session exam and at least 2,5/5 for the practical classes, the lowest grade will prevail as final grade. Hence, this is the grade that will appear on the student’s score list. This does not preclude the transfer of favourable marks for specific components to the second session (retakes) or to the subsequent academic year, following the rules set out below.
Students' presence for the practical classes during the first and second semester (including the visit, if organized) is mandatory. Students who are absent without a valid reason for one of the practical sessions or the visit receive a score of 0/5 for the practical classes. Students who have missed more than 1/5 of the practical classes (including the visits) also receive 0/5 for the practical classes. Regarding the proof of a valid reason for absence, we refer to art. 112 of the Onderwijs- en Examenreglement and the facultary additions on medical proof.
TRANSFER OF MARKS TO THE SECOND SESSION (RETAKES)
The marks for the “January-February session exam” evaluation category are, in the event of marks equal to or higher than 4,5 on 9, transferred to the second session. The student cannot renounce these marks.
The marks for the “June session exam” evaluation category are, in the event of marks equal to or higher than 3 on 6, transferred to the second session. The student cannot renounce these marks.
The marks for the “practical classes” evaluation category are, in the event of marks equal to or higher than 2,5 on 5, transferred to the second session. The student cannot renounce these marks.
This means that, in the second session, students can – and should, if they want to pass the course – only retake those evaluation components for which they have not at least obtained half of the maximum score.
The exams take the same form in the second session as in the first. The retakes for the practical classes take the form of a written test that covers the learning results linked to the practical classes, comparable to the two tests taken in the first semester.
TRANSFER OF MARKS TO THE SUBSEQUENT ACADEMIC YEAR
The marks for the exams (both January-February and June) are not transferred to the subsequent academic year, regardless of the result (i.e. also in the case of a favourable result).
The marks for the practical classes are transferred to the subsequent academic year if the student obtained 2,5 on 5 or more.
This offer is part of the following study plans:
Bachelor of Laws: default (only offered in Dutch)
Bachelor of Laws: Verkort traject (only offered in Dutch)
Preparatory Programme Master of Laws in Social Law: Standaard traject (only offered in Dutch)