Social Enforcement and Social Procedural Law

6 ECTS credits
150 h study time

Offer 1 with catalog number 4001570FNW for working students in the 1st and 2nd semester at a (F) Master - specialised level.

Semester

1st and 2nd semester

Enrollment based on exam contract

Impossible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

NOTE: registration for this course is only possible for working students. Day students can register for courses whose code ends with an R. At Inschrijven / studentenadministratie@vub.be you must be registered at the VUB as a working student for the current academic year.

Taught in

Dutch

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Kristof Salomez (course titular)

Activities and contact hours

18 contact hours Lecture
100 contact hours Independent or External Form of Study

Course Content

The lectures sets out to discuss the demarcation and the structure of social right to levy execution and social procedural law, the development, the sources and basic principles of both fields of law discipline as well as a series of specific bottleneck issues. Due attention also goes out to the underlying social issues and the actors involved therein.

The training programme component treats the following topics:

Part 1 Social right to levy execution

monitoring and investigation of social legal offences
material social criminal law
social criminal procedural law
administrative fines
administrative sanctions
civil sanctions

Part 2 Social procedural law

out-of-court settlement of disputes
legal action
competence of the industrial tribunal
interlocutory proceedings
the role of the industrial tribunal's public prosecution service
judicial proceedings before the court
the ruling recorded by the judge
the legal remedies

The pertaining assignment consists in the students' taking part in a training court. This enables students to arrive at a more profound understanding of social enforcement and social procedural law through supervised private study and to further practise their skills in using the legal sources.

The Canvas tele learning platform serves as the communication medium for messaging with and between students.

Course material

Digital course material (Required) : Door de titularis via het teleleerplatform ter beschikking gestelde slides en teksten, Canvas

Additional info

Further information is available from the Department's secretariat (nvernimm@vub.ac.be, 02 629 25 64,
http://www.vub.ac.be/SORE), from the course lecturer (ksalomez@vub.ac.be) and through the tele learning platform.

Slides and texts to be made available by the course lecturer over the tele learning platform.
G. VAN LIMBERGHEN (ed.), Sociaal strafrecht, Antwerpen, Maklu, 1998

Complementary study material:

List of complementary study materials to be communicated by the course lecturer as part of the slide presentations.

Learning Outcomes

General competencies

This training programme component endeavours to offer students an advanced level of understanding of social procedural law and due insight into the establishment and the wider legal and social context in which both fields of law discipline are embedded. As such, the course is designed to enable students to conduct scientific research on a self-reliant basis into the area of social law as a starting researcher, or to independently use their scientific understanding of social law when first confronted with the specialist practise as part of a professional career in this respect.

In doing so, students become duly aware of the importance of social procedural law and social right to levy execution for the further development of social law. They are to have a due understanding of applicable rules with a view to conducting legal procedures in order to arrive at a settlement for social law disputes. They are to have a due understanding of the rules that apply in the enforcement of a variety of different sanctions with which legislators pursue due enforcement of social law and to develop the instinct to test said rules of law against a set of standards which assume a higher ranking in the hierarchy of the rules of law that apply in our country.

Students are to acquire thorough-going skills in using the specific sources of social enforcement and procedural law and to have a due command of the required frame of reference as well as the skills necessary to duly apply social procedural law and social right to levy execution on a self-reliant basis, and to duly integrate newly acquired knowledge in these sub-fields of social law.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 50% of the final mark.
Other Exam determines 50% of the final mark.

Within the Oral Exam category, the following assignments need to be completed:

Oral Exam with a relative weight of 5 which comprises 50% of the final mark.

Within the Other Exam category, the following assignments need to be completed:

Training Court with a relative weight of 5 which comprises 50% of the final mark.

Additional info regarding evaluation

For one thing, students are assessed on the execution of the assignments set as part of the training court and consultancy as well as by way of an exam.
Each of the two assignments is graded on marks out of ten. The aggregate mark is made up of the addition of the two part-gradings. Students failing to perform either one of these two assessment tests will be deemed to have failed to pass, withour prejudice to dispensations and transfers.

With regard to the training court, assessment is made to occur in due consideration of the due sense of arrangement with which court documents and procedural records have been drafted and arrayed, the oral presentation, the logical construction of the legal argumentation, the way in which the arguments asserted by the counterparty are answered, the detailed description of the nature of the claim and, in a general sense, the way in which the pleadings or the briefs are put forward.

The exam duly assess the command and understanding of the sections of the subject matter which have been set for the exam.

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context