6 ECTS credits
150 h study time

Offer 1 with catalog number 4022218DER for all students in the 2nd semester at a (D) Master - preliminary level.

Semester
2nd 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 agreement for exchange of courses
Faculty
Faculty of Law and Criminology
Department
Publiek recht
Educational team
Aube Wirtgen (course titular)
Activities and contact hours
26 contact hours Lecture
13 contact hours Seminar, Exercises or Practicals
40 contact hours Independent or External Form of Study
Course Content

The 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.

Course material
Handbook (Required) : Overzicht van het Belgisch Administratief Recht, Vijfde boek ‘De administratieve en jurisdictionele bescherming van de bestuurde, de Raad van State’, A. Mast, J. Dujardin, M. Van Damme, J. Vande Lanotte, 21ste, Antwerpen, Kluwer, 9789403020938, 2021
Digital course material (Required) : Studiemateriaal, Canvas
Course text (Required) : Bundel met wetgeving
Digital course material (Required) : Bundel met rechtspraak, Canvas
Additional info

Not applicable

Learning Outcomes

General Competences

  1. Students know what possibilities exist in Belgium for citizens to guarantee their rights vis-à-vis the government.
  2. Students know which court or authority to turn to and the procedure to be followed.
  3. Students acquire a first practical experience in the field of public law dispute resolution.
  4. Students are able to independently dissect problem situations and convert them into legal terms, to detect, understand and explain legal sources.

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:

  • Oral Exam with a relative weight of 100 which comprises 100% of the final mark.

Additional info regarding evaluation

An oral exam is organized concerning the subject matter seen during the lectures. During the exam, both knowledge questions and case questions are asked.

During the exam, the student can make use of legislation.

 

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:
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)