Administrative Litigation

Teacher(s)

Renders David;

Language

French

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.

Learning outcomes

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.

Bibliography

D. Renders et B. Gors, Le Conseil d'Etat, coll. Centre Montesquieu d'études de l'action publique, Bruxelles, Larcier, 2020.
D. Renders, Code administratif 2020, Bruxelles, Larcier, 2020.

Teaching materials

• D. Renders et B. Gors, Le Conseil d'Etat, coll. Centre Montesquieu d'études de l'action publique, Bruxelles, Larcier, 2020.

Faculty or entity

BUDR