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DROI1365 - Introduction to environmental law
USL-B
Credits :
5
Lecturer :
Mode of delivery :
Face-to-face , second term, 30 hours of theory.
Timetable :
Second term
Monday from 08:30 to 10:30 at 109 Marais 411
Language of instruction :
French
Learning outcomes :
This course is designed to enable the students to comprehend how classic legal issues (distribution of competences, implementation of the provisions of the Treaty on the functioning of the EU with regard to free movement of goods and competition...) are approached by the jurisdictions in concrete cases (GMO, chemical substances, pollution, invasive species, tackling climate change, endangered species...).
It is thus not a course on Belgian administrative law, which would study in detail the regulations that are applicable in Belgium.
Moreover, this course is in line with the “EU Institutional Law” course, given by Professor Nicolas de Sadeleer during the first term of BAC3.
As such, the professor will focus on the rulings pronounced by the Arbitration court, the Court of Justice and the General court of the European Union concerning distribution of competences, free movement of goods and competition issues.
Prerequisites :
None
Co-requisites :
 For the Bachelor in Law :
Course contents :
Axes of the course:
The course will be developed around the following lines:
History-Foundations (3 h.): It seems appropriate to explain succinctly the foundations of the subject matter (principles, objectives, legal techniques, sectors...).
Constitutional Law (3 h.): Review of the impact of the article 6 of the special law on institutional reforms of 8 August 1980 in light of the Arbitration court jurisprudence on environmental matters (in particular aircraft noise).
Internal Market Law (24 h.): review of the Member States' compliance with the principle of free movement of goods (art. 28-29-30 CE) when they adopt measures designed to protect the environment. Numerous cases will be discussed. This part of the course will complete the course of “Institutional Law” given during the first term of BAC 3.
Planned learning activities and teaching methods :
The students will have to familiarise themselves with some key concepts of environmental law (principles, techniques, rules). They will have to read around twenty court rulings. An active participation is required.
Assessment methods and criteria :
Final assessment: oral examination regarding the commentary of a court ruling.
Recommended or required reading :
Bibliographical references included in the syllabus.
Other information :
150 page syllabus, jurisprudence folder.
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