Teacher(s)
Language
French
Main themes
There's news in the news about the need for (Belgian) fiscal consolidation, but at the same time, the Draghi Report (September 2014) advocates increased public investment to ensure competitiveness and economic growth at European level. What is the role of law in articulating such contradictory objectives?
This course will give students the keys to tackling this apparent paradox. It provides an in-depth introduction to Belgian and European public finance law. It is structured around three main themes:
The constitutional and legal foundations of public finance, as set out in the Constitution and the laws of May 16 and May 22, 2003 (budgetary principles, administrative and judicial control);
The European framework for national public finances: Treaty on the Functioning of the European Union, Stability and Growth Pact (as amended by the “Six-Pack” and “Two-Pack”), Treaty on Stability, Coordination and Governance (TSCG), NextGenEU and Plan for Recovery and Resilience, etc.
Depending on the time available, the presentation may be extended to examine other issues: principles of local public finance law, principles of social security financing, analysis of the European Union budget, international public finance, etc.
Particular attention is paid to current issues (e.g. excessive deficit procedures, reform of European economic governance, etc.).
In the same vein, practitioners of public finance law (members of parliament, members of the Cour des Comptes, Inspecteurs des Finances, etc.) may also be called upon to illustrate a particular point.
The subject is approached in a multidisciplinary way: essentially legal, but also historical, political, sociological, economic and accounting. This “integrated” approach is essential for a thorough understanding of this “crossroads” discipline.
As the course is at the intersection of Belgian and European law, the part relating to Belgian law is taught in FRENCH and the part relating to European law is taught in ENGLISH.
This course will give students the keys to tackling this apparent paradox. It provides an in-depth introduction to Belgian and European public finance law. It is structured around three main themes:
The constitutional and legal foundations of public finance, as set out in the Constitution and the laws of May 16 and May 22, 2003 (budgetary principles, administrative and judicial control);
The European framework for national public finances: Treaty on the Functioning of the European Union, Stability and Growth Pact (as amended by the “Six-Pack” and “Two-Pack”), Treaty on Stability, Coordination and Governance (TSCG), NextGenEU and Plan for Recovery and Resilience, etc.
Depending on the time available, the presentation may be extended to examine other issues: principles of local public finance law, principles of social security financing, analysis of the European Union budget, international public finance, etc.
Particular attention is paid to current issues (e.g. excessive deficit procedures, reform of European economic governance, etc.).
In the same vein, practitioners of public finance law (members of parliament, members of the Cour des Comptes, Inspecteurs des Finances, etc.) may also be called upon to illustrate a particular point.
The subject is approached in a multidisciplinary way: essentially legal, but also historical, political, sociological, economic and accounting. This “integrated” approach is essential for a thorough understanding of this “crossroads” discipline.
As the course is at the intersection of Belgian and European law, the part relating to Belgian law is taught in FRENCH and the part relating to European law is taught in ENGLISH.
Learning outcomes
At the end of this learning unit, the student is able to : | |
| 2. MASTER AND APPLY master the content of the main rules of Belgian positive law in all its branches, as well as those of European and international law, be able to compare the essential features with some foreign systems and be able to move from the abstraction of the rule of law to the facts, even if they are presented in a complex way, and vice versa. 2.2 Know and understand the influence of certain European and international standards and institutions on these different branches of law. 3. EXPLAIN AND CONVINCE Move easily from the rule to the facts and vice versa in a discussion, communicate the fruit of research and the result of a legal analysis in a clear, precise, structured and well-argued manner, and produce a legal study, in full compliance with the rules governing scientific production. 3.1. During a discussion (individual colloquium, group conversation, argumentative speech, written or oral consultation, etc.), be able to move from the abstraction of the rule of law to concrete facts, and vice versa. 3.2 Express aloud, in a lively, structured and well-argued manner, the content of knowledge, the results of research or a legal analysis in clear, precise French, in a register appropriate to the context and the qualities of the interlocutors [presentation, interview, conversation, plea, etc.], and be able to do the same, in writing, within the assigned deadline. 4 Reflect and participate Update your knowledge, recognize the links between the different branches of law, form your own opinions and, where appropriate, build on the experience gained from an internship or exchange program. 4.1. To update and perfect their knowledge of the various branches of law independently, and thus forge a solid general legal culture. 4.2. To perceive, mobilize and express the links, bridges and extensions between the different branches of law in order to analyze a factual situation. 4.3. From an interdisciplinary perspective, know, understand and mobilize concepts and theories from other human sciences (notably political economy, philosophy, psychology, sociology, history and ethics) to understand the role, scope and limits of law and justice. 5 Ask questions and get involved Question the choices conveyed by standards, form personal opinions and get involved in promoting the founding values of the law. 5.1. Understand the relative nature of legal solutions in time and space, and question the relevance of the choices they convey. 5.2. Be able to form and express an opinion on a legal controversy or a problem they have identified. |
|
Bibliography
- support du cours soit sous forme de syllabus traditionnel électronique soit sous la forme de PowerPoints selon les parties du cours concernées;
- l'enseignant confectionne un dossier de documentation à destination des étudiants. Son contenu fait partie intégrante de la matière d’examen.
Faculty or entity
