Administrative Litigation

letat2208  2019-2020  Louvain-la-Neuve

Administrative Litigation
Note from June 29, 2020
Although we do not yet know how long the social distancing related to the Covid-19 pandemic will last, and regardless of the changes that had to be made in the evaluation of the June 2020 session in relation to what is provided for in this learning unit description, new learnig unit evaluation methods may still be adopted by the teachers; details of these methods have been - or will be - communicated to the students by the teachers, as soon as possible.
5 credits
30.0 h
Renders David;
Main themes
The relationship between the administrative authorities and citizens is not always smooth; there may be "disputes" between the former and the latter. The purpose of the Administrative Litigation course is to analyse the specific features of these disputes and to study the means available in our legislation to provide an appropriate solution to them. The course aims to cover all conflicts arising between individuals and the administrative authorities, regardless of which authority is competent to settle them; it cannot be limited to the study of administrative jurisdictions or even the Council of State. Nevertheless, the course chiefly focuses on applications to set aside an administrative decision on grounds of ultra vires action. The course covers: - a general overview of the various remedies available in Belgium in the field of administrative litigation; - the Council of State; - the power of the courts, under Article 107 of the Constitution, to dispute the legality of decrees and regulations.

At the end of this learning unit, the student is able to :

1 Whatever the dominant ideology, state intervention in every sector of human activity has become an unavoidable reality. The omnipresence of the state and its multiple interventions are causing a growing number of disputes. Not only can the subjective rights of citizens be harmed, but also their legitimate interests. The Administrative Litigation course has set itself the task of systematically studying ways of preventing and settling the said disputes. The relevance of this course is obvious for law students, whatever their choice of career. It is an essential component t of the judicial law course.

The contribution of this Teaching Unit to the development and command of the skills and learning outcomes of the programme(s) can be accessed at the end of this sheet, in the section entitled “Programmes/courses offering this Teaching Unit”.
Other information
In order to make the teaching more practical and to offer students the opportunity to play a more active part in their training, they are asked to analyse judgements from the Council of State and to examine case studies. The most appropriate method seems to be lectures, but more participative methods may also be considered
D Renders, Th. Bombois, B. Gors et Chr. Thiebaut, Droit administratif. Tome III. Le contrôle de l'administration, Bruxelles, Bruylant, 2010.
Faculty or entity

Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Master [120] in Law