Course 2024-2025

Public and administrative law [EFASM011]

  • 5 credits
  • 30h
  • 2nd quarter
Language of instruction: French / Français

Learning outcomes

The course aims to provide the student with the essential keys to understand the legal relations between the State and the economy. The course also aims to put into perspective the different instruments of public law of the economy with the conceptions and the political and social stakes which underlie them.

Content

The course is structured around the different facets of state intervention in the economy: - In a system of economic and social democracy such as ours, the state is responsible to a certain extent for organising the economic game (Part 1 : the organising state); - it is specifically responsible for determining the status of natural and legal persons in their relations with the economic and social world and, where necessary, for implementing protection mechanisms (Part 2 : the protective state); - It also has at its disposal, at different levels of power, a series of instruments that can act on the determinants of macro- and micro-economic activity (Part 3 : the regulatory state); - Finally, the State is itself a direct economic player through the contribution it makes to overall demand as a purchaser. The organisation of these purchases is carried out through legislation The law of public procurement is a special case, which is very representative of public economic law and is also of great practical importance (Part 4 : The purchasing state).


Teaching methods

The teaching is in principle ex-cathedra, without of course excluding questions from students who wish to have further explanations or particular developments. The courses may nevertheless include practical exercises. The aim of these exercises will be to make concrete use of the concepts dealt with in the course and to present and analyse collectively a current issue on the basis of written documents or other sources of information, or to carry out a detailed analysis of recently produced official documents. These practical exercises do not require any preparation. The active participation of students is an essential component of the educational process. Attendance is one of the most obvious forms of this participation. The syllabus does not dispense with attendance. It is intended to free students from the burden of extensive note-taking. This allows them to focus more on understanding and reflecting on what is said in class. In the same way and with the same aim, it is strongly advised to follow the political, economic and social news throughout the year, for example by reading a newspaper or an online site every day. The course consists of 9 sessions of 3 hours each. However, one session is replaced by a home study period. The subject of this period will be specified during the year.

Evaluations

The examination takes the form of a traditional oral examination lasting approximately 15 minutes. It is preceded by a preparation of the same duration without the support of the syllabus or any other support. The structure of the examination consists of two basic questions, with sub-questions or supplementary questions added as necessary during the examination. The basic questions are designed to enable the student to demonstrate mastery of the basic concepts of the course, understanding of the key institutions discussed in the course, and the ability to relate other aspects of their education or professional experience to public economic law [1]. The exam is never limited to one part of the course. It is therefore likely to cover the whole subject. However, there may be parts of the syllabus that have not been covered during the oral course. These are then indicated by the teacher and excluded from the examination material. [1] Examples (by no means exhaustive!): the regime of individual rights and freedoms in economic matters, the division of economic policy competences between the federal state and the federated entities, the characteristics of a particular instrument of public economic law, etc. ....

Recommended readings

The written material consists of a four-part syllabus. The syllabus is preceded by a general table of contents and a detailed table. Each part or title of the course is supplemented by related documentation. This documentation includes: a note of bibliographical references related to the content of the corresponding part of the course; various documentstaken from legislation, doctrine, case law or any other relevant source. Each document is announced in the body of the notes by a reference. A bibliographical reference note is also added to the introduction. For ease of use, it is suggested that students bring the set of notes + documents corresponding to the part of the course covered that day to the oral course.

Language of instruction

French / Français

Location for course

NAMUR

Organizer

Faculté des sciences économiques, sociales et de gestion
Rue de Bruxelles, 61
5000 NAMUR

Degree of Reference

Master's Degree