Duration
24h Th, 15h Mon. WS
Number of credits
| Master in law (120 ECTS) (Even years, not organized in 2023-2024) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course is held every even year (2022-2023, 2024-2025,...).
The Belgian Constitutional Court is not very old, dating back to 1983. However, its impact on the legal system is ever increasing and becomes of paramount importance.
Though the institution was, in the beginning, a simple "Court of Arbitration", that arbitrated conflicts of competences between the different legislators of the Belgian federal State, the Court has progressively conquered, since the extension of its competences in 1989 to the control of respect of articles 10, 11 and 24 of the Constitution (equality before the law and freedom of education), a complete range of Constitutional review, interfering in all fields of law.
Constitutional and legislative powers themselves confirmed its essential role: since 2003, the Constitutional Court ensures that laws respect all fundamental rights guaranteed by the Belgian Constitution, and in 2007, the "Court of Arbitration" was renamed in "Constitutional Court", so that its name matches its mission.
The course is devoted to the case-law of the Belgian Constitutional Court.
Understanding this case-law, that ensures the respect of fundamental rights, is a main asset for a student in law, not only involved in public law, but for any student, whichever matter of law he prefers.
Learning outcomes of the learning unit
The course aims that students could know, analyze and understand the case-law of the Belgian constitutional Court:
- knowing some of the important cases of the Court, cases that give an impulsion, a step forward in the Constitutional case-law;
- analyzing some kinds of cases, specific of the Constitutional review in Belgium (effects, interpretation, relations with other judges, etc.);
- understanding the balances the Court has sometimes to establish.
These three objectives imply two complementary approaches: a theoretical, external approach of the reasoning developed by the Constitutional Court and the main issues raised by Constitutional review in Belgium, and a practical, internal approach of the questions arising in the writing of a Court's decision.
The course also aims that students develop their reasoning in law, and specially their writing skills in law.
Prerequisite knowledge and skills
Students must master the basics of Belgium's constitutional law.
A good knowledge of French language is also recommended.
Planned learning activities and teaching methods
The course will be organized in seminars, during wich interaction is encouraged.
In accordance to prementioned objectives, the course will be structured in two ways, one more "theoretical" and one more "practical":
- On the one hand, seven lessons will study specific topics, in order to give the students a thorough view of the main legal problems linked to Constitutional review in Belgium, and to familiarise them with the specific characteristics of the reasoning of the Court. The content of these different lessons may evolve in function of the issues arising in the current case-law.
Students must read, in order to participate in the discussion, before each thematic lesson.
- On the other hand, students are invited to think about a pending case before the Court. The aim of this part of the course is to invite the students, from a real concrete case, to write, like a constitutional judge, a project of a Court's decision.
A documentation file will be given to students in order to research criticisms and defences they could raise towards a legislative norm. Two meetings will occur in this context, during which the students will present their arguing contra, and pro, before trying to write, in a few pages, the structure of the reasoning the Court could develop in the decision that will be pronounced in the analyzed case.
Individual meetings will be organized aiming that students receive a "feedback" about their working paper, so that they can develop their writing skills.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Additional information:
First quadrimester, on Fridays, from 01.00 to 03.00 pm.
The course will be organized in seminars, combining ex-cathedra teaching periods with periods of discussion and interaction.
Face-to-face combined with e-Campus.
Recommended or required readings
Students will have on e-Campus:
- a reader with a short selection of the Court's "great decisions";
- a detailed outline and a powerpoint for each thematic lesson;
- the documentation file for the project of a Court's decision.
Students will also have a reference book on the subject (Géraldine Rosoux, Contentieux constitutionnel, Larcier, Bruxelles, 2021).
Exam(s) in session
Any session
- In-person
oral exam
- Remote
oral exam
Written work / report
Additional information:
The assessment will take into account:
- the project of a Court's decision;
- an oral exam, organized during the January session, with a question about the project of a Court's decision, and a more "technical" question and a cross question about the thematic lessons. For this last question, students will have time to prepare, with all their documentation.
The project's of a Court's decision will be valued for 50% of the final mark.
In case of second session, there will be an oral exam and the work will be either the project of a Court's decision or a commentary of the Court's decision.
Work placement(s)
Organisational remarks and main changes to the course
The course is held every even year (2022-2023, 2024-2025,...).
Contacts
Geraldine.Rosoux@uliege.be