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DPIM2150 - Companies and the Environment
USL-B
Credits :
2
Lecturer :
Mode of delivery :
Face-to-face , second term, 7,5 hours of theory.
Language of instruction :
French and, exceptionally, Dutch (case law).
Learning outcomes :
This course covers numerous aspects of the environment that are of interest to companies. The objective of the course is thus to highlight certain points of intersection between the life of a company and the environmental law. These points appear to be the most significant ones in our opinion, and they are not covered elsewhere. There are many others.
Prerequisites :
None
Co-requisites :
None
Course contents :
Life of a company, mergers, takeovers, demergers, closures: fate of permits and licences, formalities of "closures" (or not) of the profit of these administrative acts.
Fate of the environmental liabilities in the event of a contested situation (bankruptcy): concept of environmental liability; collective nature of environmental liabilities and interest or lack thereof to undertake legal action; contested situations: bankruptcy; environmental liability: correlative debt "of" or "in" the liquidation mass? Specific regulations;
Financial provisions: definition; object; procedures.
Environmental management: EMAS: interest of a system of environmental management and audit; legal basis (Regulation (EC) n°1221/2009); What is it about? For whom? How does it work? Is this really voluntary?
Contractual aspects of environmental law: public contracts (environmental conventions, management contracts, public procurement) and private contracts (influence of environmental law on the contracts; contracts involving environmental work and services).
Planned learning activities and teaching methods :
Lectures, but student interaction is solicited, as is the professional experience of those having worked in the field. Use is made of concrete examples, and diagrams are shown on the blackboard.
Assessment methods and criteria :
Written or oral examination.
Instructions for the examination:
- Highlight the interconnections within the subject matter
- Students are to pay particular attention to the structure of their answers
- The students may not carry any documents (Code, notes, etc.)
The correct representation of the structure, the interrelationships and the links are paramount. Knowledge of the precise legal concepts is required (definitions).
A spontaneous connection with another subject matter or any other regional or foreign law will increase the mark achieved by the student.
Recommended or required reading :
See below under "other information".
Other information :
Materials: Considerable documentation is handed out to students (doctrine and case law). The students also receive a course outline/synopsis.
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