Climate and Environmental law

6 ECTS credits
150 h study time

Offer 1 with catalog number 4022052FER for all students in the 1st semester at a (F) Master - specialised level.

Semester

1st semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Taught in

Dutch

Partnership Agreement

Under interuniversity agreement for degree program

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Geert Debersaques (course titular)

Activities and contact hours

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

Course Content

This course aims at making the student familiar with climate- and environmental law and their relationship with various societal factors. This area of law is typified by own systematics and (policy) instruments (such as policy principles, plans, permits, emissions trading). It also often influences other areas of law (ex. soil attest regarding contracts). Climate- and environmental law is more and more important within our society (ecologicalisation of law), and for law professions as well. This course thus aspires to contribute to a positive attitude regarding the striving for sustainable development.

The course consists of two components: environmental law, on the one hand, and climate law, on the other hand.

The first component, environmental law, regulates the organisation and protection of our environment. It is a collective term for all regulations concerning spatial development (environmental planning) and the physical environment such as soil, water, air, nature and natural heritage. The main objective is to realise a secure and healthy environment and to maintain and develop it in a sustainable way. Environmental law can be divided into environmental planning law and environmental law in the narrow meaning of the word. This course will mainly deal with environmental law in the Flemish Region. The main components of environmental law are discussed. The course will further build on the principles and processes of administrative law (ex. formal motivation, motives control, etc.).

The second component, climate law, will be treated as thematic environmental law, starting from its (international) sources and the issue of the complex division of powers in federal Belgium. Some recent markland decisions will also be considered. Climate law will not be treated entirely as a separate component but throughout environmental law.

Course material

Digital course material (Required) : Te vinden op het digitaal leerplatform, Canvas, 2022
Handbook (Required) : Overzicht van het Belgisch administratief recht, hoofdstuk VII – Omgevingsrecht, A. Mast, J. Dujardin, M. Van Damme en J. Vande Lanotte, 22ste, Mechelen, Wolters Kluwer, 9789403020624, 2021

Additional info

Course recordings will be used.

Learning Outcomes

General competencies

The student has a thorough insight and knowledge of the regulation of climate- and environmental law, read within the framework of public law and legal protection against the government. He/she is aware of the complexity of this area of law and its embedding in European and national law.
The student has insight of the role of climate- and environmental law as part of the ecologicalisation of law. He/she is open to the idea that law can play a positive role in the striving for sustainable development.
The student masters the systematics and instruments characterising climate- and environmental law; he/she has knowledge of the specific juridical jargon of this area of law.
The student is able to search for, interpret and use the sources of climate- and environmental law, as well as being able to argue based on them.
The student is able to report creatively and well-founded on issues within the field of knowledge.

Grading

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:

Knowledge Course Material with a relative weight of 30 which comprises 100% of the final mark.

Additional info regarding evaluation

This course is also assessed through permanent evaluation.

Examination orally determines 100 per cent of the final mark. The oral examination is done without written preparation, BUT with compulsory use of the legislation and the case law specified by the titular.

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