Introduction to Law - Part I

Teacher(s)

Van Overstraeten Marc;

Language

French

Main themes

The following elements must be analysed: - the concept of the judicial system (the constituent elements : the rule of law, the grouping of judicial rules, and the structuring of the system through the general principles of the law); - the sources of internal law. Complete examination of mandatory sources: common law in the broad sense, collective employment agreements, and the private judicial act. Examination of prudential sources: doctrine and jurisprudence - the sources of general international law, European Council law and European Union law; - the articulations and relations between the sources of internal law as well as between those and the sources of international law; - the methods of law (techniques relating to the concepts, evidence, sanctions, interpretation and command of time); - the general theory on the private judicial act (the classifications and analysis of the principles that control it: autonomy of the will, consensual approach, convention law and relativity of the acts); - introduction to judicial organisation The course consists of lectures completed, where necessary, by other teaching methods. The syllabus should be available to the students at the beginning of the term.

Content

The following items are discussed :
* The law and the legal system: the notion of law (objective law and subjective rights), the rule of law (notion, structure, application in time and space, interpretation, sanction), the legal system (notion, structuring), the main branches of objective law ;
* The state sphere: the state (notion, structure, powers within it), the main institutions of federal Belgium (federal institutions, federated institutions, decentralized institutions, relations between the various public authorities), the sources of Belgian law (Constitution, federal laws, decrees, ordinances, regulatory administrative acts, individual administrative acts, jurisprudence; custom and collective labour agreements are also examined), the hierarchy of rules of Belgian law and its control (hierarchy, preventive control measures, curative control measures).

Teaching methods

Due to the COVID-19 crisis, the information in this section is particularly likely to change.

Teaching is given by means of lectures, at the rate of two two-hour classes per week during the first quarter. During these classes, understanding and interaction are fostered in a variety of ways, including diagrams, e-learning and question-and-answer sessions. In mid-November, a "mock test" is organized to help students prepare for the exam.

Evaluation methods

Due to the COVID-19 crisis, the information in this section is particularly likely to change.

An exam is organized at the end of the teaching, in session. It takes the form of a written exam or, if necessary, an oral exam. It is designed to evaluate the student's aptitude for precision and rigor as well as his/her mastery of legal language, based on the concepts and principles that the student is expected to understand and master. The written examination may contain multiple-choice questions.
During the examination, the student is required to use a Code. Larcier publishes an ad hoc Code. This, however, is not imposed: another collection of texts may be used, such as the Code Economie published by Editions La Charte, as long as the student has at his disposal all the texts covered in the course. In addition, the student can create his own documentation folder.

Other information

Course offered in other UCL programs and for which the student must contact his or her academic advisor or the academic secretary of his or her faculty in order to specify which parts are recognized as equivalent and to find out how to complete them: ESPO 1122

Online resources

Online resources are posted on the Moodle page of the course.

Faculty or entity

BUDR