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.
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
Q1
Teacher(s)
Van Drooghenbroeck Jean-François;
Language
French
Main themes
In view of the aims mentioned above, the course centers around three 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.
Aims
At the end of this learning unit, the student is able to : | |
| 1 | Considering the major changes that affect the judicial role of the judge, the first aim of the course is to develop a theoretical, critical and then practical reflection about the missions respectively assigned to judges, parties and judicial auxiliaries (such as lawyers, solicitors (notaries), bailiffs, clerks, experts) in lawsuits. 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. |
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”.
Bibliography
G. de Leval, J. van Compernolle, J.-Fr. van Drooghenbroeck, D. Mougenot, O. Caprasse, P. Moreau, H. Boularbah ,Droit judiciaire. Tome 2 : Manuel de procédure civile Bruxelles, Larcier, 2015, 1528 pages: lecture d'approfondissement, facultative.
Faculty or entity
BUDR
