Administrative Law

6 ECTS credits
180 h study time

Offer 1 with catalog number 1022208CNW for working students in the 2nd semester at a (C) Bachelor - specialised level.

Semester

2nd semester

Enrollment based on exam contract

Impossible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

Volgtijdelijkheid: De student is ingeschreven in de Bachelor Rechten en heeft binnen de Bachelor Rechten reeds 60 SP verworven en een credit behaald voor "Grondwettelijk Recht", of de student is ingeschreven in de Bachelor Rechten - met Studieduurverkorting en heeft tevens een credit behaald op het studiedeel "Grondwettelijk Recht", of de student is ingeschreven in het schakelprogramma of voorbereidingsprogramma Master in de Rechten en is tevens ingeschreven voor het studiedeel 'grondwettelijk recht' of de student is ingeschreven binnen de verkorte Master in de Rechten - Gent akkoord of de student is ingeschreven in de Bachelor Politieke Wetenschappen en heeft reeds 30 SP verworven binnen het modeltraject eerste Bachelor Politieke Wetenschappen en een credit verworven voor het studiedeel 'Grondwettelijk recht'.

Taught in

Dutch

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Kaat Leus (course titular)

Activities and contact hours

52 contact hours Lecture
90 contact hours Independent or External Form of Study

Course Content

With this course, students acquire a thorough knowledge of and in-depth insight into the basic rules, concepts and basic principles of Belgian (federal and state) administrative law with insight into the effect of (in particular) European Union law on this.

Because administrative law is particularly broad, this course aims to provide knowledge and insight into:

I. the sources and the basic concepts, techniques and principles of (substantive) administrative law on the basis of

II. the study of the “classical doctrines" of administrative law referred to here below.

This means that, in addition to knowledge and insight into :

(I.) the characteristics, the sources (for example: the principles of good administration) and the nature of administrative law,

(II.) in-depth insight is acquired into the most important (public and private law) techniques and concepts of (classical) administrative law:

(1.) the unilateral administrative legal act,  the types of administrative contracts, the different types of administrative (general and individual) decisions, the techniques of “suspension”, “annulment”, “approval”, “withdrawal”, “recognition”, “license”, “accreditation”, etc.;

(2.) administrative enforcement law;

(3.) administrative organisation(al) law : different legal entities on the federal and Flemish administrative level: centralization/deconcentration, decentralization, public enterprises, independent autonomous agencies, hierarchical authority, autonomy and administrative supervision/control, including administrative appeal;

(4.) administrative contract law (outsourcing: public procurement law and contracts and public service concessions and other forms of public-private partnerships);

(5.) the legal position of governement employees (statutary civil servants, employees/contractors and mandate holders), including disciplinary law;

(6.) administrative propery law/public domain law and the public instruments y affering (domain concessions and permits, expropriation, easements for common interest or public benefit, etc.)

Because of its inseparable link with (material) administrative law, attention is also paid, but only where necessary, to the jurisdictional protection of the person seeking justice vis-à-vis the government (in particular by the Council of State and other administrative jurisdictions).

Are not part of the bachelor course "administrative law": the specific or special domains of administrative law such as: climate and environmental law, energy law, immigration law, public company/ public economic law, ....

Course material

Handbook (Required) : Overzicht van het Belgisch administratief recht, Mast - Dujardin -Van Damme - Vande Lanotte, 22ste, Kluwer, Mechelen, 9789403020624, 2021
Digital course material (Required) : Powerpointpresentatie van de hoorcolleges, Canvas
Handbook (Required) : Bamacodex 1, Staats - en bestuursrecht, De Groote - Debersaques - D'Hooghe - Eggermont - Haeck - Leus - Lierman - Lust - Moonen - Neuts - Va, Die Keure, 9980000145103, 2023

Additional info

1. The lectures take place in a hybrid form: distance education by means of lesson recordings and face-to-face education (on campus)
2. During the lectures in daytime classes, the sources, principles, concepts, structures and techniques of the classical domains (see supra "content")  of administrative law will be discussed. The lectures are in principle recorded and placed in Canvas. They can (temporarily) be consulted. Short webinars on current topics can also be used and made available via Canvas. Students are given a framework (stepping stone) and synthetic overview of the subject matters to be known on the basis of Powerpoint-presentations (PPP) that are also made available via the Canvas learning platform. The Handbook of A. Mast et al., "Overzicht van het Belgisch administratief recht" is required. The subjects to be known and processed therein are indicated (cfr. the power point presentations) and made clear and illustrated on the basis of numerous practical examples.
3. Students are also encouraged to ask questions interactively. A student should be aware that a lesson recording cannot replace physical attendance during the lectures on campus. Participation during the lectures 'on campus' is therefore strongly recommended. 
4. Case law of important interest or doctrinal contributions can be mentioned by the teacher during the lectures and, if appropriate, posted on the learning platform.
5. The students must complete the PPP, which are only a framework/stepping stone, with the information during the lectures, making (this is a must) intensive use of the forementionned Handbook "Overzicht van het Belgisch administratief recht".
6. Finally, innovative educational tools can be used: such as group meetings via the Canvas or Teams-meeting tool.
7. Specifically for the working students who have also full access to the recordings of the lectures, to the Powerpoint-presentations and other information posted on Canvas, three meetings of two hours each are organized (in principle 'on campus') during which they can ask questions about the taught material. They must submit the questions to the teacher at least a week in advance.

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Learning Outcomes

General competencies

The students:

• acquire a thorough knowledge of and in-depth insight into the basic rules, principles, concepts, administrative structures and techniques of the aforementionned classical teachings/domains of administrative law (cfr. supra "Content") and the legal rules that apply to them; 
• understand its rationale, can accurately describe the principles, concepts , techniques, ... and explain the basic elements of the definitions, indicate its legal basis and indicate and illustrate the rules that apply to them by means of one or more concrete examples or, conversely, relate a legal rule to an example provided;
• have acquired insight into the fact that administrative law is in many cases characterized by so-called "competence laws", so that importance must be attached to general (unwritten) principles of law, case law and legal doctrine (important tendencies and implications), the evolutionary nature of these principles and case law;
• have insight into the various administrative and, where needed, jurisdictional procedures and in the competent authorities and demonstrate insight into the various governmental institutions;
• use a correct and accurate legal-administrative language and are aware that language and law are inextricably linked;
• are able to build up and defend their legal argumentation in a convincing, logical way on the basis of the relevant legal sources;
• follow the topicallity/actuality of administrative law.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 30% of the final mark.
Written Exam determines 70% of the final mark.

Within the Oral Exam category, the following assignments need to be completed:

• Beoordeling parate kennis with a relative weight of 1 which comprises 30% of the final mark.

Within the Written Exam category, the following assignments need to be completed:

• Beoordeling diepgang kennis with a relative weight of 1 which comprises 70% of the final mark.

Additional info regarding evaluation

1st and 2nd exam period:

I. Written examination part (in small groups): four questions assessing administrative law terms/principles/concepts/techniques/administrative divisions (i) where these are to be explained and situated in the course, (ii.) the legal basis of which is to be indicated, (iii.) of which the essential features/characteristics are discribed and the applicable legal rules are indicated and (iv) which have to be illustrated by means of one or more examples. During the written part, the BAMA-codex 1 (part of 'Constitutional and Administrative Law') can be used or those regulations (and only those) that are includes in  the BAMA-codex 1.

II. Oral examination part (individual): two questions assessing the ad rem - knowledge of administrative law (basic) principles, concepts and techniques that can be described "ad rem", on the spot, (without tools, without the BAMA-codex) and explained on the basis of accurate and correct administrative law language and terminology. The oral examination part follows after the written examination.

 

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Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context

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)
Master of Laws: Verkort traject (only offered in Dutch)
Bridging Programme Master of Laws: Default track (only offered in Dutch)
Preparatory Programme Master of Laws: Default track (only offered in Dutch)