2023-2024 / DCER0031-1

Foundations of the law of public finances

Duration

25h Th

Number of credits

 Interuniversity certificate in public finances (not organised in 2021-2022)7 crédits 

Lecturer

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

The course is a course in public finance law.

Although other aspects, such as economic ones, are mentioned in passing, the main focus of the course is the legal framework of public expenditure and public revenue. The in-depth study of the economic aspects of public finances is the subject of another module.

After a general introduction aimed at placing the phenomenon of public finances in its constitutional context, the module goes on to study the basic principles of budgetary law. This is a static perspective: constitutional and legal principles; criteria relating to the presentation of the budget and study of the various forms of budget "allocations"; commentary on the many derogations frequently made from the basic budgetary principles: creation of separate public law legal persons, use of the budgetary fund technique, debudgetisation, overview of alternative methods of financing public services (public-private partnerships, management contracts in certain public bodies, etc.). Similarly, the general principles relating to the budget and accounts of the federated entities are examined. Finally, monitoring and control of public finances are specifically examined.  

The view then becomes dynamic and considers the course of the budget cycle, from the preparation of the budget to the closing of accounts, passing through the various phases of the "life" of the budget (adoption, execution, control). 

Belgian public finances are part of the framework of European budgetary governance, which implies the respect of principles under the control of the Commission and the European Council. These principles are examined in order to identify, in a dynamic manner, the room for manoeuvre of the Belgian authorities in terms of deficit and debt. 

In addition, three accounting systems are currently used for the control and monitoring of public finances: budgetary accounting (parliamentary control), general accounting and national accounting (European budgetary governance). Although the three accounting systems aim to provide a precise view of the public finances of a State or decentralised entity and are essential tools for good public management, they serve different purposes. Since the entry into force of the laws of 2003, a new legal framework has organised public accounting in Belgium. This framework is applicable to the federal State and the federated entities. It now imposes the keeping of general accounts linked to budgetary accounts.

Finally, an introductory review is devoted to the principles governing the financing of social security.

The study of the financing of the communities and regions of Belgium (special law of 16 January 1989 on the financing of the communities and regions) is not part of this course, but of the in-depth course on the public finances of the federal authority and the federated entities. The same applies to local public finances, the examination of which is referred to the in-depth course on local authorities.  

Learning outcomes of the learning unit

After this module, participants will be able to:
- To state and describe the scope of the elements of the Constitution, special laws, ordinary laws and royal decrees that constitute, on the whole, the sources of budgetary law; - To define the concept of budget; - To explain the form of the budget, the scope of budgetary authorisation and its political and legal significance; - To distinguish between the different types of budget documents; to describe their function and explain how they work; - To read a budget; to understand the scope of a budget; to understand the political choices behind budget figures and tables; - To state and explain the legal and political significance of the different budgetary principles;
- To understand the scope of the many exceptions to these principles in budgetary law and/or practice; - To understand the budget classification system; - To describe the successive phases of budget preparation; - To explain the control procedures prior to the implementation of the expenditure; - To describe the acts contributing to the implementation of the expenditure budget; - To understand current developments in public accounting law: computerisation under the Fedcom system, etc; - To describe the impact of the European Stability and Growth Pact on Belgian public finances; - To explain the concept of public deficit; - To describe the evolution of the public debt over time in a very synthetic manner; - To understand the main principles governing the financing of social security. 

Prerequisite knowledge and skills

Basic knowledge of Belgian constitutional law, the institutional structure of federal Belgium, administrative landscape, as well as modes of administration (central and local authorities).

Planned learning activities and teaching methods

The course aims to study the basic concepts of the Belgian budgetary law. Thus, the teaching method is ex cathedra. Each course is based on a powerpoint document previously delivered to students. In addition, students receive a series of documents to read before or after the class sessions. Since most students already have professional practice, the teacher frequently questions the students during class sessions. The course is thus interactive. 

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

Face-to-face.
The course is nevertheless podcasted for students who cannot be present due to health risks.  

Recommended or required readings

Students receive a powerpoint document that serves to support the course. In addition, students receive a set of doculents to read before or after class. This documentation file is posted on the website for students. Students are also encouraged to download themselves budgetary documents on official websites. 

Oral exam. Open-book examen. 
Students are asked to combine theoretical and practical aspects of the subject matter. They must answer questions based on practical cases.

Work placement(s)

Organisational remarks and main changes to the course

The Secretariat of the certificate in public finance indicates the local course and schedule prior to any class session.  

Contacts

Professor Marc Bourgeois
marc.bourgeois@ulg.ac.be


Et 
Professor Damien Piron (UCL)
d.piron@uclouvain.be

Association of one or more MOOCs