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DROI2306-1

Application of the Decisions of the Conseil d'Etat

[ version française ]

Duration :30h Th
Credits/ECTS :
3rd "licence" in law4
1st year of Master's degree in the civil service, specialised approach3
2nd year of Master's degree in the civil service, specialised approach3
diplôme d'études spécialisées en droit (droit public et administratif)
Holder(s) :Paul Lewalle
Course contents : Consequences of annulment decisions and dismissal decisions pronounced by the Council of State pursuant to Article 14 of the Law of 12 January 1973.

After having assessed the authority of those decisions, the following topics will be examined, on the basis of case-law:

◊ Repair of the annulled act - such repair is sometimes impossible, sometimes optional, sometimes compulsory; in principle, it occurs without retroactive effect
◊ Acts that are contrary to the annulled act
◊ Consequences of annulment decisions on acts that are similar to annulled acts
◊ Consequences of annulment decisions on acts stemming from annulled acts
◊ Consequences of annulment of acts which can be detached from procurement contracts on those contracts
Link between litigations with respect to ultra vires actions and, on the one hand, litigations with respect to non contractual liability of public authorities and, on the other hand, litigations with respect to legality control of administrative acts pursuant to Article 159 of the Constitution.
Course objective : The course deals with litigations with respect to ultra vires actions
Prerequisites : Knowledge in Belgian constitutional and administrative law
Organization : The course also comprises analyses of case-law from the Council of State, as set out by members of the Bar and members of the Auditor's Office of the Council of State

Tutorials will be organized, requiring some research by the participants
Written notes : Texts available for the students (Ed. 2003/2005)
Assessment : Written exam
Contacts : Professor : Paul.lewalle@ulg.ac.be




ULg : Students and Studies Administration - Academic Affairs
Contact : Monique Marcourt, direction A.E.E.
Date of data : 27/02/2006
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