Teacher(s)
Language
French
Content
The course will first address the specific features of administrative law, as a branch of law present in everyone’s daily life and situated at the crossroads of various disciplines, as well as its sources, which rest, alongside legislative and regulatory texts, on general principles established by case law.
The course will then examine the rules governing the organisation, the action, and the oversight of the administration.
The administration is organised. This entails a study of the various public legal persons, the legal regime applicable to public services, and the nature of the relationships linking them to their users.
The administration acts. This requires an analysis of administrative acts, distinguishing between the legal regime applicable to unilateral administrative acts and that governing contracts entered into by the administration.
The administration operates through agents. This involves examining the rules applicable to the civil service, which regulate the legal status of administrative agents (including contract staff).
The course also addresses a specific mode of administrative action through the study of the notion of administrative police and of the legal regime applicable to general administrative police powers as well as to special administrative police powers.
The administration holds property and must be able to dispose of certain assets or regulate their use. This calls for an examination of the particular legal regime governing public property (public domain) and the constraints that administrative action may impose on private property (expropriation for public utility, requisition, and statutory public-utility easements).
The administration is subject to oversight. The course reviews preventive mechanisms for dispute resolution, administrative supervision, judicial review (including the review carried out by courts and tribunals and that exercised by the Council of State), as well as the issue of administrative liability.
The course will then examine the rules governing the organisation, the action, and the oversight of the administration.
The administration is organised. This entails a study of the various public legal persons, the legal regime applicable to public services, and the nature of the relationships linking them to their users.
The administration acts. This requires an analysis of administrative acts, distinguishing between the legal regime applicable to unilateral administrative acts and that governing contracts entered into by the administration.
The administration operates through agents. This involves examining the rules applicable to the civil service, which regulate the legal status of administrative agents (including contract staff).
The course also addresses a specific mode of administrative action through the study of the notion of administrative police and of the legal regime applicable to general administrative police powers as well as to special administrative police powers.
The administration holds property and must be able to dispose of certain assets or regulate their use. This calls for an examination of the particular legal regime governing public property (public domain) and the constraints that administrative action may impose on private property (expropriation for public utility, requisition, and statutory public-utility easements).
The administration is subject to oversight. The course reviews preventive mechanisms for dispute resolution, administrative supervision, judicial review (including the review carried out by courts and tribunals and that exercised by the Council of State), as well as the issue of administrative liability.
Teaching methods
Lectures combined with case studies (analysis of case law and current issues)
Evaluation methods
Oral exam. It takes place during the examination session, is unique, and is conducted on an individual basis.
Other information
Students are allowed to bring their own legal codes to the examination and may, where applicable, prepare a personal compilation of legislative and regulatory texts.
Online resources
Course outline, PowerPoint slides, doctrinal articles, and case law (available on Moodle)
Bibliography
Goffaux, P., Dictionnaire de droit administratif, 3e éd., Bruxelles, Larcier, 2022.
Pâques, M., Droit administratif, 1ère éd., Bruxelles, Larcier, 2024.
Renders, D., Droit administratif général, 4e éd., Bruxelles, Larcier, 2022.
Pâques, M., Droit administratif, 1ère éd., Bruxelles, Larcier, 2024.
Renders, D., Droit administratif général, 4e éd., Bruxelles, Larcier, 2022.
Faculty or entity
