· the rules (international treaties, regulations and directives of the European Community, Belgian constitution, federal laws, decrees and ordinances of the communities and regions ');
· the authority from which the rules emanate (who makes the international treaties? where do the community or regional orders originate from?'),
· the rules' elaboration processes (how are these rules made and published?), and
· their material domain (what is the power of the federal authority? which is the action area of the communities and the regions?).
The second part is - mainly - centred on a few fundamental questions relative to the legal act through which the individual implements, in the legal domain, the freedom of action he has (freedom of choice, mutual consent, conditions of validity of actions, proof, execution).
Basic elements are also provided regarding the principles governing civil liability (conditions for its implementation, fault, compensation).
In both parts, attention will be given to illustrate these with examples connected to the psychologist's work (health law, labour law, individual and family law,').
At the end of this learning unit, the student is able to : | |
| 1 | At the end of this course, the student must be able: · to get a clear image of the institutional and legal environment of the Belgian society, including the judicial power, through its law rules; · to define the basic principles underlying the Belgian judicial system and the fundamental concepts of public and private law; · to perceive the differences between public law and private law, civil law and criminal law, substantive law and procedural law; understand the concept of fundamental right (human rights) and its implications; understand what is the law imposed by the public authority and the rights that individuals and groups are authorised to create through legal act; · to develop a sense of precision and meticulousness: accuracy of concepts (annulment, repeal, suspension), relevance and correctness in analysis (not to be confused with the matter concerned, its causes and its consequences) and in locution; · to understand and analyse the laws currently in force (international treaties, regulations and directives of the European Community, Belgian constitution, federal laws, decrees and ordinances) in some areas linked to the psychologist's work (health law, labour law, individual and family law,'), perceiving the why and the how of the solution they impose. With regard to the frame of reference of the learning outcomes, the course aims, as a priority, to get the student to master the legal knowledge that explains and induces understanding of the legal system and the Belgian institutional environment. The contribution of this TU to the development and mastery of the skills and knowledge of the programme(s) is available at the end of this sheet, in the section ¿Programmes/training courses offering this teaching unit (TU)¿. |
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”.
'legal person', the 'law rule' and the 'legal system'. A short presentation of the different areas of law is added to these elements. The second part of the course covers the Belgian federal system. It focuses on the student's understanding of the principles, the rules and the mechanisms that regulate the organisation and the functioning of the Belgian State and its main components, specifically the federal authority, the federated entities (the Regions and the Communities) and the local powers (the Provinces and the Municipalities). The next part shows two themes from private law. First is the concept of 'private legal act'. The focus is placed more specifically on the contract, its principles, its conditions of validity, its effects and the liability of the parties in case of breach. Second is the issue of the tort liability. In addition to its constituent elements that are misconduct, causal link and damage, several special liability regimes are briefly expounded, in particular parental responsibility and liability for the mentally disabled people. The last part of the course deals with the issue of criminal responsibility. It concerns, in the first instance, the constituent elements of the offence, namely the legal, material and moral elements. This item is, in particular, the opportunity to address the themes of insanity and minority. The persons criminally responsible are analysed as a second step. And, lastly, the issue of the criminal sanction and other measures that can be taken, in case of an act qualifying as offence.
La Belgique pour débutants. Le labyrinthe belge : guide pratique (Brugge, La Charte, 2010, 310 p., par Gerlache (A.), Vande Lanotte (J.) et Uyttendaele (M.) (e.a.)) constitue l'ouvrage de référence (non-obligatoire).
