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DPIM2111 - Institutional Aspects (Community Law and Belgian Public Law)
Credits :
4
Lecturer :
Mode of delivery :
Face-to-face , first term, 21 hours of theory.
Language of instruction :
French
Learning outcomes :
The course aims to enable students to gain comprehensive insight into the division of competences between the EU and the Belgian State (Treaty on EU and Treaty FEU) as well as within the Belgian State among its various components (Constitution and Special Law on Institutional Reforms) with regard to the environment and to spatial development and planning.
Prerequisites :
None
Co-requisites :
None
Course contents :
For the part on Belgian law:
- Examination of the scope of articles 7bis and 23 of the Constitution
- Critical analysis of the division of competences with regard to the environment and to town planning, between the Belgian Federal State and the regions.
- Examination of the competences of the provinces and the municipalities
- Identification of the main actors with regard to the environment (Specialised Agencies, various Councils, etc).
For the part on EU law:
- Principles/Objectives of EU environmental policy
- Choice of the legal bases
- Principles of subsidiarity and proportionality
Planned learning activities and teaching methods :
François Tulkens hands out the applicable texts of laws and texts on the subject. The subject matter is further illustrated and updated by recent decisions of the Constitutional Court, the Council of State and various Courts and Tribunals.
Various articles and chapters relating to the legal bases and the principle of subsidiarity published by N. de Sadeleer are handed out to the students. Moreover, we examine during the course the decisions handed down by the Court and the EU Court of Justice.
Assessment methods and criteria :
The assessment is divided into two parts:
1. An exam organized during the session (part on the institutional aspects in Belgian law);
2. A paper based on a comment of a case of the Court of Justice of the European Union (part on the institutional aspects in EU law).
Each part will count for half of the final result.
When a student passes one part but fails the other part, he/she is authorized to keep the results of the part that he/she passed. In this case, he/she only retake the part that he/she failed.
Recommended or required reading :
Mégret comment
DPSP v° Environment and Town Planning
Other information :
Treaty on EU-Treaty FEU
Constitution - Special Law of 8/8/1980
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