Duration
36h Th
Number of credits
| Master in law (120 ECTS) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
Traditionally, administrative law is referred to as the "law of exception", because it is based upon, among other characteristics, the exorbitant prerogatives of unilateral action to which the State has recourse and which, in particular, authorises it to impose its will on individuals.
The most widely spread example of the unilateral action of the State is that of administrative authorisation: this can be found in many fields, such as accommodation rental, town planning, the environment, commercial developments, pharmacies, medical laboratories, care homes, tourist facilities, transport, etc. It is also the most intrusive form of State intervention in terms of individuals' rights, insofar as they can lead to blocking of plans which individuals might have, notably by refusing to authorise them. In other words, administrative authorisation is at the heart of the relationship between the State and individuals.
This course will examine this legal instrument in detail, and will address the following questions in particular:
- the nature of administrative authorisation; - its relationship to other modes of action of administrative authority (plans and programmes, regulations, sanctions, subsidies, agreements etc. ; independence and cumulative administrative policies); - shared characteristics of the procedure by which this is granted submission of a request, preliminary evaluation, administrative inquiry, public inquiry, hearing, formal motivation and publicity; - its contents and effects, including its impact on relationships between individuals (extra-contractual civil responsibility and the validity of contracts); - its operation (length of validity, expiry, accompaniment by individuals, checks and sanctions).
This analysis necessarily imposes a certain number of modern legal mechanisms directly linked to administrative authorisation: the formal motivation for administrative decisions, public participation, planning, preliminary and subsequent assessments of administrative action, consultation, contractualisation, administration publicity, etc. However, these mechanisms demonstrate the benefit of translating the progressive transformation which we have seen over the past few years into the role of force and the relationship which individuals have with the State.
Learning outcomes of the learning unit
The course does not aim to systematically inculcate the legal regime of each existing administrative authorisation - this isn't possible. It aims to teach the key concepts linked to all administrative authorisations, the reflexes which are required and the sources of information available. This should mean that students can subsequently, answer the questions which they may later encounter themselves, regardless of the legal domain to which the administrative authorisation relates.
Prerequisite knowledge and skills
In order to take this course, students have to have taken the course in administrative lawas provides in the programme.
Planned learning activities and teaching methods
See hereafter (teaching method).
Mode of delivery (face to face, distance learning, hybrid learning)
The course takes place during the second term of the academic year, on Thursday from 13h30 to 15h30.
The course will take the form of lectures. Guided by writing, students will identify the essential or significant elements of a speech and be able to reproduce part of them.
This involves essential theoretical information on the subject matter. The presentation is enhanced with several practical examples drawn from the teacher's experience.
The presentation will focus heavily upon case law, the essential elements of which will be provided, as well as examples. This is an essential part of the teaching. Legal decisions will be cited either because the form the basis of a norm, or by means of example to better clarify the meaning of the norm. Reading of these decisions is left to the students' own discretion, however it is recommended, particularly when these have been covered in class.
Students are asked to submit questions to the teacher during each class. One student may be in charge of identifying for the following lesson, questions which may be of interest to the students. Questions will regularly be asked by the teacher to the students. The teacher may ask some students to summarise the essential elements of a lesson at the end of class. The teacher will regularly give students short questions, asking them also to provide justifications for their answers.
At the start of each lesson, one student will be asked to summarise what was covered in the last lesson.
Regularly (but not systematically) students will be asked to examine, in groups of no more than three, a more complex question and to present the results of their discussions at the start of the next lesson. This contribution will contribute towards the final evaluation.
The teacher will regularly ask questions to ensure that students have understood the subject matter and students are invited to submit questions to the teacher either during class or outside class (see below).
Systematic reference will be made to information databases. Reading will be recommended, and documentary analysis will be required, the results of these will be examined during a later sessions.
Depending on the year, two external guests may be asked to come give their views on twor particular practical questions.
Systematic reference will be made to information databases, including during class.
For those who wish, a detailed lesson plan will gradually be put on-line, at the latest on the day of the lesson or shortly afterwards.
Students will also be recommended to read reference books, articles and a targeted bibliography, both in paper and electronic formats.
During one class, an example of an exam question will be presented. An example of how to respond to it, taking into account the reasoning which would be adopted in professional practice, will be given. Examples of acceptable or inadequate answers will also be provided.
During a session, a sample examination question will be presented and the manner in which to answer it which corresponds mutatis mutandis to the reasoning that should be used in professional practice is suggested. Examples of appropriate and inappropriate answers will be given.
Recommended or required readings
Course notes aren't provided but reference works are recommended and students are advised which texts to read. A summary of the course is provided during the first lesson and students receive a detailed plan of every lesson, usually before the lesson or within a few hours after the lesson.
Any session :
- In-person
written exam ( open-ended questions )
- Remote
written exam ( open-ended questions )
- If evaluation in "hybrid"
preferred in-person
Additional information:
The ability to understand the questions is obviously indispensable, as is the ability to reflect upon different parts of the course and (sometimes hierarchical) relationships between them - and to structure ideas in a logical way and present them correctly.
The written exam will be a closed-book exam. The students will generally not be equipped with any documents whatever: where required, legal and regulation texts will be supplied or in annex to the questionnaire.
Electronic devices (mobile phones, MP3s, PDAs, cameras, smartphones, calculators, etc.) are strictly prohibited in the examination. Any student found with such a device, even turned off, may not take the examination and will be given a grade of 0/20 for the test in progress. Also prohibited are course notes or any other document or data carriers of any kind.
The two preceding paragraphs are obviously only valid if the examination is organized in person.
Work placement(s)
Organisational remarks and main changes to the course
Contacts
Students are personally invited to ask any questions relating to the course. Questions and requests for appointments relating to the organisation and logistics of the course can be submitted to the lecturer via a student representative.
The lecturer is available in between classes, after class or at any other time by appointment.
Mme Hélène Bouchat can be contacted by email: helene.bouchat@explane.be, regarding organisational questions and requests for an appointment. Substantive matters can be submitted to the assistant, Céline Petitjean - Celine.Petitjean@uliege.be - 04/366.46.36.