Institutional Aspects (Community Law and Belgian Public Law)

Teacher(s)

Misonne Delphine; Tulkens François;

Language

French

Learning outcomes

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

The course aims to enable students to gain comprehensive insight into the division of competences between the EU and the Belgian State (Treaty on EU and Treaty FEU) as well as within the Belgian State among its various components (Constitution and Special Law on Institutional Reforms) with regard to the environment and to spatial development and planning. The students must also acquire the fundamentals of primary EU law (and related case-law), as related to environmental and land use issues.

Content

For the part on Belgian law:

- Examination of the scope of articles 7bis and 23 of the Constitution
- Critical analysis of the division of competences with regard to the environment and to town planning, between the Belgian Federal State and the regions.
- Examination of the competences of the provinces and the municipalities
- Identification of the main actors with regard to the environment (Specialised Agencies, various Councils, etc).
For the part on EU law:
- Primary law, importance of treaties
- Principles/Objectives of EU environmental policy
- Access to justice at EU level/ Free movement of goods and the environment/ Primary law and climate neutrality

Teaching methods

François Tulkens hands out the applicable texts of laws and texts on the subject. The subject matter is further illustrated and updated by recent decisions of the Constitutional Court, the Council of State and various Courts and Tribunals.

Understanding of primary law ( sources). Capita selecta. Essentials of case-law. Ad hoc documentation on Moodle.

Evaluation methods

A written exam organized during the session.

Other information

Treaty on EU-Treaty FEU
Constitution - Special Law of 8/8/1980

Bibliography

Documentation postée et recommandée sur Moodle.

RPDB v° Environnement et Urbanisme

Faculty or entity

DRTB