Duration
24h Th, 15h Mon. WS
Number of credits
| Master in law, professional focus in public law (Even years, organized in 2026-2027) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course will run during the 2026-2027 academic year. It will not run in 2027-2028.
For more than 40 years, since it handed down its first judgments in 1985, the Belgian Constitutional Court has become of paramount importance in the Belgian legal system.
Whilst it was initially merely a 'Court of Arbitration' that settled conflicts of competences between the various legislative bodies of the Federal State, the 'Constitutional Court ' (as it was renamed in 2007) has gradually acquired, through the extension of its powers to include monitoring compliance of legislative provisions with fundamental rights, full constitutional jurisdiction, intervening in all branches of law.
The course aims to provide students with the tools to understand the Constitutional Court as a key institution at the heart of the concept of the rule of law, as well as the specific procedural aspects of the constitutional review and the substance of constitutional case-law, with a focus on the Court's 'techniques' of reasoning and the implications of its judgments for society.
Gaining an understanding of this constitutional case-law - by developing a spirit of analysis and legal rigour through reading and discussing the Court's judgments, as well as by writing a work on a (fictitious) case brought before the Court - is a considerable asset not only for students interested in public law, but also for any legal professional, regardless of their area of specialism.
Learning outcomes of the learning unit
The course aims to enable students to familiarise themselves with, analyse and understand the case-law of the Belgian Constitutional Court:
- to be familiar with some of the Court's 'landmark judgements' - important decisions that mark a turning point or provide impetus for constitutional case-law - as well as judgements at the heart of current affairs;
- to analyse certain types of judgments characteristic of constitutional review in Belgium (effects, interpretation, relations with the referring court, etc.);
- understanding the balances that the Constitutional Court is sometimes required to strike (proportionality, weighing up of interests, etc.).
These three objectives require the development of two complementary approaches: a theoretical understanding of the reasoning developed by the Constitutional Court, and the ability to apply this knowledge in practice, as a 'party' to constitutional proceedings, when faced with a case that might be brought before the Court.
The course also aims to help students improve their command of legal argumentation and, above all, their legal writing skills.
Prerequisite knowledge and skills
A sound understanding of the fundamentals of Belgian constitutional law is a prerequisite.
A good command of the French language is also recommended.
Planned learning activities and teaching methods
The course will take the form of seminars, where discussion and interaction are encouraged. Teaching is based on active participation by students, face-to-face.
In accordance with the objectives set out above, the course is structured around two main areas, one more 'theoretical' and the other more 'practical':
- On the one hand, seven thematic lessons aim to familiarise students with the specific features of constitutional review, the Constitutional Court's modes of reasoning, and the various techniques used in drafting judgments. The content of each lesson is illustrated by judgments of the Court, which are analysed during the seminars; these are selected either because they are 'landmark judgments' or because they relate to current developments in constitutional case-law.
In order to participate actively in the discussion, students are asked to complete some preparatory reading before each thematic lesson.
- On the other hand, students are asked to reflect on and take a stance, in a written work, on a case that could be brought before the Constitutional Court. The aim here is to use a hypothetical case as a starting point to draft an application for annulment and a commentary on that application.
The application requires the applicant to take a firm stance, just as a lawyer would, in order to defend the applicant's point of view. The commentary (explanatory note to the application), on the other hand, aims to adopt a neutral perspective on the judgement the Court might deliver in this case, in light of each argument in the application, thereby demonstrating theoretical knowledge of the Court's modes of reasoning and the ability to apply them in practice. The written work therefore consists of these two elements (application and commentary), which are closely interlinked.
Two discussion sessions will be held during the course to enable students to discuss and explore in greater depth the arguments to be developed in their work, as well as how to structure these arguments within the application.
Students will receive feedback on their written work, enabling them to develop their skills in legal writing.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Further information:
First quadrimester, on Fridays, from 01.00 to 03.00 pm.
The course will take the form of seminars, combining ex-cathedra teaching periods with periods in which students are required to participate more actively.
Face-to-face combined with e-Campus (for course materials).
Course materials and recommended or required readings
Platform(s) used for course materials:
- eCampus
Further information:
Students have access to a reference book on the subject (Géraldine Rosoux, Contentieux constitutionnel, Collection de la Faculté de droit de l'Université de Liège, Larcier, Bruxelles, 2021). This book, designed primarily for students taking the course, follows the structure of the seven thematic lessons.
The following resources will also be made available to students on e-Campus:
- the reader containing a short selection of judgments from the Belgian Constitutional Court, which students will be asked to read and prepare before the lectures in order to discuss them during the session;
- the detailed, up-to-date outline and PowerPoint presentation for each thematic lesson;
- a documentation file relating to the fictitious case for the written work.
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions ) AND oral exam
- Remote
oral exam
Written work / report
Further information:
The overall assessment will take into account:
- the written work, which must be the student's own original work;
- a written assessment, held during the January exam period, as an 'open-book' exam, comprising open-ended questions on the thematic lessons and one or more questions relating to the written work.
The written work will account for up to 50 per cent of the final mark.
The written work must be submitted by the date specified at the start of the course (namely, the date of the final lecture), failing which it will be deemed inadmissible. The submission of a complete assignment (application and commentary) within the specified deadline is a prerequisite for the written assessment to be considered valid. Failure to submit the written work by the deadline will result in automatic deferral to the second sitting. Absence from the written assessment after handing in the written work by the deadline will also result in automatic transfer to the second sitting.
The assessment takes into account the work submitted as well as the answers to one or more specific questions asked during the written assessment in relation to the written work. If, upon reading the written work, the lecturer considers it necessary to verify the relevance or originality of certain assertions contained therein, the assessment of the written work may be supplemented by an individual oral interview with the student(s) concerned, who will be notified at least 72 hours in advance.
In the event of a second sitting, the assessment will be oral, following the prior submission of the written work, which will consist, depending on the specific circumstances, of a revised version of the written work (application and commentary), where appropriate accompanied by or (partially) replaced by an additional work relating to the fictitious case. The specific details of this written work will be communicated to the students concerned after the first sitting. The written work for the second sitting must, on pain of being deemed inadmissible, be submitted by the first day of the second sitting. As with the first sitting, late submission will result in the student being inadmissible from sitting the oral assessment, which will cover both the thematic lessons and the written work.
If exceptional circumstances require the assessment for a particular sitting to be conducted remotely for all students on the course, it will be oral (via Teams).
Work placement(s)
Organisational remarks and main changes to the course
This course is run only in even-numbered years (2026-2027, 2028-2029,...).
Contacts
Geraldine.Rosoux@uliege.be