2023-2024 / DROI2103-1

Legal and political aspects of public finance law

Duration

48h Th

Number of credits

 Master in law (120 ECTS) (Even years, not organized in 2023-2024) 5 crédits 
 Master in political sciences : general (120 ECTS) (Even years, not organized in 2023-2024) 5 crédits 
 Master in political sciences : general (60 ECTS) (Even years, not organized in 2023-2024) 5 crédits 

Lecturer

Benoît Bayenet, Marc Bourgeois

Coordinator

Marc Bourgeois

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

This course is not offered during 2021-2022
It teaches legal and political aspects of public finance. Although other topics, e.g. economics, may be mentioned in passing, the course's main subject is the legal framework of public spending and revenue (while not encroaching on the courses on tax law) and the political analysis thereof. The in-depth study of the economic aspects of public finance is covered in another course (prof. A. Jousten).
After a general introduction placing the phenomenon of public finances in its overall context, the course examines the basic principles of budget law.
The perspective is a static one: constitutional and legal principles; criteria related to the budget's presentation and study of the various forms of spending "credits"; analysis of the many exemptions that are often applied to basic budgetary principles: creation of separate public legal persons, use of the budgetary funds technique, removal of budget lines, overview of alternative funding methods for public services (public-private partnerships, service contracts in certain public organisations, etc.).
The course then adopts a dynamic perspective, studying how the budgetary cycle works, from preparing the budget to closing the accounts, and including the various phases of the budget's "lifecycle" (adoption, execution, control).
Particular emphasis is placed on the diversity of actors and on their respective roles (Court of Auditors, Inspectorate-General of Finances, High Council of Finance...).
European Economic and Fiscal Governance (SGP, European Semester, six-pack, two-pack, TSCG, European System of Accounts) will then be subject to an in-depth study. 
Finally, the course concludes with a general presentation of the rules that govern the funding of Belgium's communities and regions (especially the rules having regard to the sixth institutionel reform). This focuses on the current system of tax autonomy for regional authorities.
If time allows, a specific presentation will be made of the funding of social security. 

Learning outcomes of the learning unit

The legislation governing public spending and public revenue is at the crossroads of several disciplines: constitutional law, administrative law, and tax law.
However, its specificities justify teaching it on its own.
The course's contribution is mostly theoretical. From a strictly legal standpoint, but also from a political and economic one, insight into public finance law is an essential ingredient in the education of anyone who is interested in public life, whether they be students in political science or in law. The point is to specifically offer a legal approach, as opposed to the other perspectives from which this topic can be studied. To this end, the course presents an overview, which is as comprehensive as possible, of all legal rules that govern public spending and, from a budgetary perspective, public revenues. It also provides insight into how operations and policies are controlled in this area (with an emphasis on the role of the Court of Auditors and on that of the Inspectorate-General of Finances).
In addition, public finance law is one of the most frequently featured subjects in various public sector exams and recruitment competitions. The curriculum cannot ignore this highly practical aspect of the topic, and it can be considered that classes offer an adequate preparation to these exams.
Last objective of the course: to understand the issues at stake in the reforms, at the different levels of power, relating to accountability techniques and, consequently, to the different categories of accounting (budgetary accounting, general accounting and national accounting). 

Prerequisite knowledge and skills

Students whose programme includes this course will have no trouble integrating it into the rest of their studies. Other cases (free students, SOCRATES students, etc.) should be examined on an individual basis. Relationships with other courses (constitutional law, various branches of administrative law, tax law) are evident.

Planned learning activities and teaching methods

Ex cathedra lectures by the two professors. The two professors teach together so that each topic can be studied from a double approach.  

Mode of delivery (face to face, distance learning, hybrid learning)

Blended learning


Additional information:

Classes are held during the second term (February-May).

4 hours a week of lecture classes.

Given the subject and the relatively small size of the auditorium, there will be some practical exercises the subject of which will notably depend on the students' interest and the news. 

Questions on the course content will be answered directly during class.

Students may occasionally be asked to prepare a question (e.g. complete an initial reading of a complex text) for the following class.

In general, students will greatly improve their chances of success by actively and attentively participating in class.

Depending on the students' interest for certain topics, group research projects may be assigned.

Recommended or required readings

Oral lectures with PowerPoint slides. Some documents will be directly sent to students (MyULg or e-mail). Students will also be asked to acquire certain documents that should be included in their collection of course documentation (internet or searches at the library). Students are strongly encouraged to seek out and read material on their own initiative. A course book is being compiled, and excerpts will be handed out during the year as appropriate. In any case, students must take notes during lectures, and it is essential that they follow an appropriate structure as these notes will be the basis for the exam.

The evaluation is an open-book oral exam. Students can read their own notes and any other document they deem useful (verbo lists, table of contents, results from personal research...). With an open-book exam, emphasis is necessarily placed on understanding the course's content rather than on rote memorisation.

Work placement(s)

Organisational remarks and main changes to the course

This course is only offered during even years (2020-2021, 2022-2023, etc.).

Contacts

Prof. Marc Bourgeois : Marc.Bourgeois@uliege.be

Prof. Benoît Bayenet : bbayenet@ulb.ac.be

Association of one or more MOOCs