Special issues of judicial law
[IURE2201]
[30h] 5 credits
This course is taught in the 1st semester.
Teacher(s): Jean-François Van Drooghenbroeck
Language: French
Level: Second
Aims
Extending the scope of the course taught during the third year of the associate degree ('Baccalauréat'), the course also gives itself the ambition of deepening technical questions through a pragmatic approach. Those questions are selected according to the most recent changes observed in the doctrine and the case-law, as well as the interest these questions have for practicing judicial activity-related professions.
The course finally undertakes a modern and substantial reflection about the judge's independence.
The course is part of a coherent 'finalité'. Lecturers form a 'teaching pool' within the 'finalité', which means they agree on respective contents and educational methods in order to ensure courses are complementary to one another.
If possible and considering the number of students attending the course, the educational methods that are set up encourage students'active participation. The lecturer illustrates topics with various examples and urges students to apply recently-acquired knowledge to concrete situations.
Main themes
1. A deep analysis of the role played by each protagonist in lawsuits, especially the mission that consists in applying law to the facts. This analysis presupposes a careful and never-ending study of the judicial law 'guidelines' and the due and fair process provisions, particularly the ones embedded in article 6 of the European Convention on Human Rights.
2. The systematic study of controversial and recurrent questions judges and law practitioners are confronted with.
3. A critical reflection about the judge's role (rights and duties) in the legitimate state.