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| DROI2035-1 | Public property and environmental law
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| Duration : | 30h Th |
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| Credits/ECTS : |
| Master in Law, Professional Focus in Business Law, 1st year | | Deuxième quadrimestre | | 4 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | Deuxième quadrimestre | | 4 |
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| Master in Law, Professional Focus in Private Law, 1st year | | Deuxième quadrimestre | | 4 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | Deuxième quadrimestre | | 4 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | Deuxième quadrimestre | | 4 |
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| Holder(s) : | Michel Pâques |
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| Language : | Langue française |
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| Course contents : | Environment Law and State action encroaching on property rights
Legislative Acts allowing interference with property rights for many a general interest were announced by the Code civil itself (art. 544, 552) but are now numerous and sophisticated. Protection of the res communes, partly scheduled by the same Code (art. 714), allows major interference with several rights and freedoms, not only with property rights. Town and country planning, housing, energy supply, sustainable development, conservation of a sound environment (soils, waste, water, hazardous plants, nature, ) are organised by legislative acts adopted at every normative level (International, EU, national, regional level). Those acts are numerous and changing. Mandatory steps for individuals as interdictions, authorisations, positive obligations to facere, are common place but other means are also used as voluntary or incentive action.
Scope of the course
-sovereignty and property
-the environment and the law
-basic tools and principles of law and order and administrative law aiming at environmental conservation or protecting other general interests and encroaching on property rights
-rules governing the division of powers of the EU, the federal State, and the regions in property regulation and environmental matters
-normative action, planning
-administrative action : sites designation, authorisation, notification,¿
-participation and impact assessment
-how to combine the many tools
-deprivation, limitation and compensation
-State real estate law |
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| Course objective : | To have a thorough knowledge of the methods of the administrative law and policy on property regulation, town and country planning, on environmental protection and other matters encroaching on property rights. The most important case law and decrees are read. Deep knowledge of the fast changing positive law is not the first target. But the student will get the ability to analyse laws and other sources of law and to solve complex problems. |
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| Prerequisites : | Constitutional Law
Administrative Law
More specialised:
Advanced admistrative Law
Town and Country planning Law and State Real Estate Law |
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| Workshops : | The mandatory preparatory readings will be indicated. But it's always useful. |
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| Organization : | 2008-2009. Second half. |
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| Written notes : | Learning tools
Legal materials
-The Constitution, the most important laws on environmental protection and town and country planning( Ad hoc Codes are not mandatory but are useful )
-Handbook written by Prof. Michel PAQUES, latest edition (on line or paperback as indicated in the bg. of jan. 2009)
-Case book, Droit public des biens et de l'environnement, by Prof Michel PAQUES, Editions de l'Université de Liège |
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| Assessment : | Oral or written exam. Will be decided on jan. 2009. |
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| Contacts : | Service de droit public et administratif, boîte 55
Michel PAQUES, Professeur extraordinaire
Cécile VERCHEVAL, Nicolas VANAKEN, Assistants
Michel.Paques@ulg.ac.be, Cecile.Vercheval@ulg.ac.be, Nicolas.VanAken@ulg.ac.be
Secrétariat : Mme PAULET |
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