3.00 credits
12.0 h
Q1 and Q2
This learning unit is not open to incoming exchange students!
Teacher(s)
Moërynck Pierre; Sambon Jacques;
Language
French
Learning outcomes
At the end of this learning unit, the student is able to : | |
| Environmental protection concerns not only the material obligations regarding the preservation of natural environments and the fight against harmful effects but also the procedural rights and the means of sanctioning infringements and of restoration of the latter’s consequences. The objective is to understand the multiple facets of environmental disputes and the legal means to pursue and repress infringements and to seek restoration of the consequences of such infringements. |
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Content
Litigation Aspects:
The course deals with the question of access to justice in environmental disputes with regard to the various relevant jurisdictions (Court of Justice of the European Union, Constitutional Court, judicial courts and tribunals and Council of State). This inventory of the seats of justice is subsequently viewed from the perspective of the requirements of international law and European Union law (Convention of Aarhus, directives 2010/75/EU and 2011/92/EU). Finally, particular attention is paid to injunctions.
Criminal Law:
The course begins by tackling general questions (directive 2008/99/EC), distribution of competences, proof, causes of irresponsibility, links with injunctions). Afterwards, it focuses on the means of sanctioning infringements and of restoration of the latter’s consequences with regard not only to urban and regional planning but also to environmental legislation.
The course deals with the question of access to justice in environmental disputes with regard to the various relevant jurisdictions (Court of Justice of the European Union, Constitutional Court, judicial courts and tribunals and Council of State). This inventory of the seats of justice is subsequently viewed from the perspective of the requirements of international law and European Union law (Convention of Aarhus, directives 2010/75/EU and 2011/92/EU). Finally, particular attention is paid to injunctions.
Criminal Law:
The course begins by tackling general questions (directive 2008/99/EC), distribution of competences, proof, causes of irresponsibility, links with injunctions). Afterwards, it focuses on the means of sanctioning infringements and of restoration of the latter’s consequences with regard not only to urban and regional planning but also to environmental legislation.
Teaching methods
Lectures, involving active student participation.
Analysis of case law and case studies.
Analysis of case law and case studies.
Evaluation methods
Written examination.
Other information
Supports: Compilation of normative texts
Detailed course outline and/or syllabus and/or portfolio of documentation
References to relevant jurisprudence
Detailed course outline and/or syllabus and/or portfolio of documentation
References to relevant jurisprudence
Bibliography
Références communiquées aux étudiants.
Faculty or entity
DRTB
Programmes / formations proposant cette unité d'enseignement (UE)
Title of the programme
Sigle
Credits
Prerequisites
Learning outcomes
Advanced Master in Environmental Law and Public Real Estate Law (shift schedule)
