Procedure law

Teacher(s)

Van Drooghenbroeck Jean-François;

Language

French

Main themes

This course aims to instruct the students in the general rules pertaining to judicial organisation, competence and civil action. It covers the following domains : - general principles and functions of judging, - judicial organisation: the organigramme of the courts relevant to judicial power, the status of judges and the public ministry as well as alternative means for solving conflicts, - competence : the main focus is placed on the fixed criteria for material competence, territorial competence and the solving of competence, conflicts, both in the first degree and the second degree of jurisdiction, - procedure, that is the development of the lawsuit from its introduction to the possible means of recourse against the judgement passed. Lectures which may, if necessary, be completed depending on course needs by other pedagogical methods. The syllabus must be provided at the beginning of the course semester, as from the second year of the nomination of the lecturer. 12 hours of compulsory practical exercises to help the student develop a practical approach to the subject. The sessions are prepared by the student whose course input is evaluated by the assistant. The course lecturer will, in agreement with the president of the department, be attentive to the coherence and adequation between the practical exercises and the lectures, including their contribution to the evaluation. * The practical exercises are not accessible to students doing the minor in Law.

Learning outcomes

At the end of this learning unit, the student is able to :
1	This course helps the student acquire knowledge of the notions, institutions and mechanisms indispensable for the understanding of the funtioning of justice and civil lawsuits. Thanks to these studies, the student will also become aware of the juridical competence and stakes linked to the state function of judgement, with its distinct differences from the alternative modes of conflict solutions. By the end of the course, the student should be capable of applying the theoretical rules learned during the course to simple concrete situations, all the while enriching his approach to the subject with critical reflection.

Bibliography

1) Le Code thématique « Audience-Judiciaire » (Larcier) est recommandé pour son excellent rapport qualité-prix (39 €), mais n'est pas imposé.
2) G. de Leval, J. van Compernolle, D. Mougenot, O. Caprasse, P. Moreau, H. Boularbah et J.-Fr. van Drooghenbroeck, Droit judiciaire. Tome 2 : Manuel de procédure civile , 3 volumes, Bruxelles, Larcier, 2021, 2.600 pages: lecture d'approfondissement tout à fait facultative.

Teaching materials

• Droit judiciaire (syllabus)

Faculty or entity

BUDR