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| DROI0956-1 | Advanced Administrative Law
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| Duration : | 30h Th |
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| Credits/ECTS : |
| Master in Law, Professional Focus in Business Law, 1st year | | Second semester | | 4 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | Second semester | | 4 |
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| Master in Law, Professional Focus in Private Law, 1st year | | Second semester | | 4 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | Second semester | | 4 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | Second semester | | 4 |
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| Holder(s) : | Michel Delnoy |
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| Language : | French language |
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| Course contents : | Traditionally, administrative law is referred to as the "law of exception", because it is based upon, among other characteristics, the exorbitant prerogatives of unilateral action to which the State has recourse and which, in particular, authorises it to impose its will on individuals.
The most widely spread example of the unilateral action of the State is that of administrative authorisation: this can be found in many fields, such as accommodation rental, town planning, the environment, commercial developments, pharmacies, medical laboratories, care homes, tourist facilities, transport, etc. It is also the most intrusive form of State intervention in terms of individuals' rights, insofar as they can lead to blocking of plans which individuals might have, notably by refusing to authorise them. In other words, administrative authorisation is at the heart of the relationship between the State and individuals.
This course will examine this legal instrument in detail, and will address the following questions in particular:
- the nature of administrative authorisation; - its relationship to other modes of action of administrative authority (plans and programmes, regulations, sanctions, subsidies, agreements etc. ; independence and cumulative administrative policies); - shared characteristics of the procedure by which this is granted submission of a request, preliminary evaluation, administrative inquiry, public inquiry, hearing, formal motivation and publicity; - its contents and effects, including its impact on relationships between individuals (extra-contractual civil responsibility and the validity of contracts); - its operation (length of validity, expiry, accompaniment by individuals, checks and sanctions).
This analysis necessarily imposes a certain number of modern legal mechanisms directly linked to administrative authorisation: the formal motivation for administrative decisions, public participation, planning, preliminary and subsequent assessments of administrative action, consultation, contractualisation, administration publicity, etc. However, these mechanisms demonstrate the benefit of translating the progressive transformation which we have seen over the past few years into the role of force and the relationship which individuals have with the State. |
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| Course objective : | The course does not aim to systematically inculcate the legal regime of each existing administrative authorisation. It aims to teach the key concepts linked to all administrative authorisations, the reflexes which are required and the sources of information available. This should mean that students can subsequently, answer the questions which they may later encounter themselves, regardless of the legal domain to which the administrative authorisation relates. |
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| Prerequisites : | Following this course requires a Bachelor Diploma in Law. |
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| Organization : | Teaching will take place during the second term of the academic year. In the academic year 2010-2011, the course will take place on Thursdays from 13:30 to 15:30.
Lectures are limited to essential theoretical material. This is combined with a range of numerous concrete examples drawn from the teacher's practice. As significant a part of each session as possible will, however, take place through interaction between the teacher and the students. Questions will regularly be put to the students by the teacher in order to reinforce understanding of the subject and students are invited to submit their questions to the teacher either during class or outside class hours (see below). Systematic use of electronic databases will take place. Readings are recommended, document analyses are required and the results of both will be examined on a subsequent date.
Two external speakers will be invited to shed light on two practical questions. |
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| Written notes : | A detailed outline of each lesson will be put online at the latest on the day of the lesson in question or shortly after.
Students can also expect to be required to read reference books, recommended reading and a bibliography, both in paper and electronic form. |
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| Assessment : | A written examination will take place.
It will include questions requiring both the ability to reproduce knowledge which has been gained and demonstrating the ability to apply this knowledge to practical situations. Ability to understand the questions, familiarity with the available databases, but also the presentation of the answers - spelling, linking ideas together, etc - will play an important role in the assessment. |
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| Contacts : | Students are personally invited to ask any questions relating to the course. Questions and requests for appointments relating to the organisation and logistics of the course can be submitted to the lecturer via a student representative.
The lecturer is available in between classes, after class or at any other time by appointment.
Questions and requests for appointments can be made to Ms. Hélène Bouchat, by email: helene.bouchat@bours-law.be |
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