Public and administrative law [DRHDB306]

Learning outcomes

At the end of the course, the student must : 1. to have appropriated and to be able to juggle with the notions, principles, institutions, rules and mechanisms of general administrative law included in the syllabus and seen in the lecture; 2. master the main sources of administrative law and be able to articulate them; 3. to perceive the underlying issues of the subject and to be able to take a position on the adequacy of the rules set to meet these today by showing critical reflection; 4. be able to apply the rules seen to concrete situations proposed in the form of case studies; In parallel, the student is led to : 1. Prepare for lectures by reviewing the notes from the last lecture and reading the syllabus section or handout; 2. actively participate in the course by answering or asking questions, participating in debates and collective analysis of decisions; 3. to speak in public in an informed and reasoned manner; 4. take responsibility for using optional learning resources (lectures), readings,...).

Objectives

The basic objective is to provide the student, on the basis of theoretical and practical teaching, with the necessary knowledge to enable him/her to have a correct scientific and legal approach to administrative issues and to help him/her to acquire the necessary weapons to assume his/her future role intelligently and effectively in the various professional circles concerned with the public service (administrative authorities, politics, judiciary, bar, etc.) More specifically, the administrative law course aims at mastering the above-mentioned learning outcomes.

Content

"Administrative law is to public law what civil law is to private law. It governs the fundamental relations that are established on a daily basis between the citizen and the administration. These relations are particularly numerous since the administration, in the sphere of its competences, can adopt unilateral decisions likely to impose obligations on the citizens; what the citizen cannot do within the framework of his private relations. Moreover, the public authorities are the main provider of labour in Belgium, especially through the civil service and public procurement. The teaching of administrative law does not only contribute to the training of the jurist through the mastery of the main concepts, principles, reasoning, rules, mechanisms and institutions specific to the discipline. It also contributes directly to his or her training as a citizen. Unlike private law, which gives rise to several specific courses (obligations, contracts, labour, judicial, etc.), administrative law is taught in a single block - which can be called "general administrative law" - in which must be included, in particular, (I) the specificity of the Belgian administrative system and its legal sources.Unlike private law, which gives rise to several specific courses (obligations, contracts, labour, judicial, etc.), administrative law is taught in a single block - which can be called "general administrative law" - in which must be included, in particular, (I) the specificity of the Belgian administrative system and its legal sources, (II) the study of the main administrative authorities, (III) the different modes of administrative action (the unilateral, regulatory and individual administrative act; the administrative contract), (IV) the different modes of conflict resolution and control of the administration and the administrative courts, (V) the civil service and the different statutes of civil servants, and (VI) the legal status of the civil service. (VI) the property of the administration