2020-2021 / DROI0954-1

Administrative Law and dispute resolution

Duration

60h Th

Number of credits

 Bachelor in law5 crédits 

Lecturer

Michel Pâques

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

Administrative Law is considered a branch of Public Law. Administrative Law is the body of Law that governs the activities of Administrative Agencies of Government or local authorities.
  It deals also with dispute resolution, judicial review and administrative liability.
Administrative Law expanded greatly as legislative bodies created more Government Agencies. In Belgium the Federalisation of the State gave birth to new legislative bodies and therefore to new Governments and Agencies, Tasks and Regulations.
As a body of Law, Administrative Law deals with Institutions and rulemaking, Law and Order, Environmental Law, Town and Country Planning Law, Educational Law, Migration Law, Public Procurements, Municipalities an local Government, Dispute Resolution, Liability and Judicial Review...
This course concerns the principles applicable in all matters of Administrative Law: sources, shape of Institutions, rulemaking, dispute resolution, judicial review and administrative liability.
Numerous courses of administrative Law focusing on peculiar administrative matters (as public procurements, civil service, town and country planning, environment, local authorities, social care, migration law...) are available during the Master in Law. This course provides the student with basics (and sometimes more) to all those peculiar matters
See also: http://local.droit.ulg.ac.be/jcms/service/index.php?serv=38

Learning outcomes of the learning unit

The mainest aim of this course is to give students the ability to identify and carefully describe administrative legal problems, to criticize administrative decisions and suggest remedy and/or recourse.





This course deals only with basics of Administrative Law. 
Lot of principles are at stake that are applicable in all situations and have to be known. That's the most important thing a general course can afford the student.
 Nevertheless, basics are rather substantial and give through examples and cases a good view of positive law.





The course outline is as follows:
-Introduction 1.- Sources and principles (Administrative, Executive functions and the State, Normative Administrative action, Principles of Good Administration) 2.- Administrative Organisation 3.- The Role of  Administration in the Modern State: "Service public" theory, Services of general interest, Law and order policy, Administrative penalties 4.- Unilateral decision and contract, the Role of Administrative Discretion in the development of Public Policy - Public Procurements - Civil Servants - Real Estate - Takings - Regulatory Takings 5.- Basics of Administrative Dispute Resolution. Administrative Recourses, Access to Justice, Judicial review of Agencies Decisions and Liability. -Conclusion

Prerequisite knowledge and skills

Constitutional Law and European Institutional Law

Planned learning activities and teaching methods

Session will be devoted to practical work. See ad valvas.
A mandatory session of practical work will be devoted to judicial review of adminisrrative acts and will focus on the formulation of grounds of appeal on points of law.

Mode of delivery (face to face, distance learning, hybrid learning)

Lectures first term Monday and Friday morning.
The first course takes place on friday, September 25, 2020, at 8.30. Room 204
The way of teaching: live for A or B group, streaming, podcasting will be displayed ad valvas

Organisational adjustments related to the current health context

Written exam january 2020
On campus if YELLOW
On line  when ORANGE
 
The second session exam will take place in August and under the same conditions depending on the stage of the outbreak

Recommended or required readings

ESSENTIAL
A.Updated Lecture notes written by Prof. Dr. Michel PAQUES


1- Fisrt book (Latest up to date Edition Fall, 2020) Liège University Press.


2- Second book on Unilateral decision,contract, Public Procurements - Real Estate - Takings - Regulatory Takings (Latest up to date Edition, Fall, 2020) Liège University Press 

3- Principes de contentieux administratif (dispute resolution, judicial review and administrative liability), Bruxelles, Larcier, 2017,  also availble from Liège University Press.
B.- Four major cases support those Lecture notes. Their extensive knowledge is essential. They are bundled in a Case book (Fall, 2017 unchanged 2020) with a list of questions to guide the reader.
C-An updated Code containing the main administrative Laws is needed.

NB. The cases (B)  and code (C) may be used during exams. The use of highlighters is permitted. Annotations are prohibited.

Assessment methods and criteria

Below you will find information on the evaluation methods planned for in-person and remote exams as well as those planned for hybrid sessions. Depending on how the health crisis evolves, the chosen method will be communicated to you no later than one month before the start of the exam session.

Written exam january 2020 unless shifting after eventual new Covid measures.

Work placement(s)

Organizational remarks

Due to the outbreak all the courses after the first were remotely taught and 24 podcasts were placed on line

Contacts

Michel PAQUES, Extraordinary Professor of Law Department of Public and Administrative Law, ULg Sart Tilman, by appointment michel.paques@ulg.ac.be
Faculté de Droit, de Science politique et de Criminologie Quartier Agora, Place des Orateurs 3, Bât. B31
B-4000 Liège
Administrative secretary
Sylvia Lehnen Tél.: +32 4 366 91 14  Fax : +32 4 366 29 52  Bâtiment: B31 - Bureau: 1.76
http://local.droit.ulg.ac.be/jcms/perso/index.php?idpers=400

Assistant law clerks
Sophie CHARLIER et Florence NATALIS
Service de droit public et administratif, ULg Sart Tilman B. 31 R 6-8 04/366 31.04

Faculté de Droit, de Science politique et de Criminologie Quartier Agora, Place des Orateurs 3, Bât. B31, B-4000 Liège
sophie.charlier@uliege.be
Sessions of questions and answers will be organized in good time. For schedules, see the valves.