2022-2023 / DROI0954-1

Administrative Law and dispute resolution

Duration

60h Th

Number of credits

 Bachelor in law5 crédits 
 Master in law, professional focus in law and management5 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. 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 new 2022-2023 course outline is as follows:

-Introduction


1.- Administrative Law and the Rule of Law. Administrative and Executive functions of the modern State. Constitutional and Statutory Administrative Law. Principles of Good Administration and Governance. The basic point of the public service theory: creation by Law  and allocation of the management to public or private agencies


2.- Administrative Bodies Organisation. Executive branch and public agencies.


3.- Administrative Action Fields (Law and order policy. Public services. Administrative penalties)


4.- Administrative Legal tools. Unilateral decision making. Contracts. The Role of Administrative Discretion in the development of Public Policy. Public Procurements - Civil Servants - Real Estate - Takings - Regulatory Takings

5.- Local Government Administration


6- Basics of Administrative Dispute Resolution. Administrative Recourses, Access to Justice: General Courts, Administrative Courts and the Council of State, 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.

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

Face-to-face course


Additional information:

Lectures first term Monday and Friday morning.

Building B.31, Portalis room

The first course takes place on Monday, September 19, 2022, at 8.30

 

Practical work and question-and-answer sessions will take place during the semester.

Recommended or required readings

ESSENTIALS

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

Warning: the 2022-23 course notes (book 1 & 2) have been largely thougth and written afresh. Former editions are now outdated.

1- Fisrt book (Latest up to date Edition 2022-2023) Liège University Press.

2- Second book (Latest up to date Edition, 2022-2023) Liège University Press 

3- The book Principes de contentieux administratif (dispute resolution, judicial review and administrative liability), Bruxelles, Larcier, 2017,  also availble from Liège University Press.

B.- Five major cases support those Lecture notes. Their extensive knowledge is essential. They are bundled in a Case book (Latest update, Fall 2021, Liège University Press) 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.

Exam(s) in session

Any session

- In-person

written exam


Additional information:

Written exam, january 2023.

Work placement(s)

Organizational remarks

There are no plans this year to broadcast the course in podcast form as was the case in 2020-21

Contacts

Michel PAQUES,

Extraordinary Professor of Law
Department of Public and Administrative Law,
ULg Sart Tilman,
Faculté de Droit, de Science politique et de Criminologie
Quartier Agora, Place des Orateurs 3,
Bât. B31
B-4000 Liège

michel.paques@uliege.be

or by appointment

Administrative secretary

Sylvia Lehnen

sylvia.lehnen@uliege.be
Tél.: +32 4 366 91 14  Fax : +32 4 366 29 52 
Bâtiment: B31 - Bureau: 1.76


Assistant law clerks

Sophie CHARLIER,

Justine HUBERT,

Master of Laws
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

justine.hubert@uliege.be

Sessions of questions and answers will be organized in good time. For schedules, see the valves.

Association of one or more MOOCs

The MOOC entitled 'Introduction au Droit (D3)' is associated with this course.


Additional information:

2.3 Droit administratif : https://f.io/GJ7GU9iK