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Members
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Main topics
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The Research Programme Government and Law aims to explore the relation between law and government in a broad sense, embedded in a legal, political and social context. Central research questions concern the impact of legal, political and social evolutions on the legal concept of government, on the working and competences of public institutions, on fundamental principles such as democracy, rule of law and federalism, and on the protection of persons against government action. The program aims to present the University of Antwerp on a national and international level as a research centre of public law which transcends traditional branches of law and disciplines.
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Website
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http://www.ua.ac.be/overheidenrecht
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Projects
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Show the projects of this research team - Autonomous government. Towards a general legal framework for the creation and regulation of autonomous public bodies. 01/07/2013 - 31/12/2017
| Abstract | In Belgium, as well as abroad and within the E.U., important governmental tasks are more and more entrusted to autonomous public bodies, being entities in either a public or a (semi-)private legal form, with or without legal personality, that function at a certain distance from the core administration. In consequence of this evolution towards more autonomous government, fundamental questions arise as to the legal possibilities and limits of autonomous government and the democratic status of these entities. Recently, framework regulation has been developed in this context in several legal systems, but due to the frequent departures of this framework and the limited amount of issues which are arranged in it, the questions and problems remain. The research project aims at the development of a general legal framework on autonomous government. Which rules and principles of public law govern the creation and functioning of autonomous public bodies or should govern these? Are the traditional rules and principles of public law applicable to these autonomous bodies? Suchlike legal framework is necessary for the legislator who wants to create framework regulation, for the government that wishes to create autonomous bodies, for the autonomous public bodies themselves and for the supervising organs. It can also serve as an interpretative frame by which the various legal questions that arise today can be solved. | | Duration | 01/07/2013 - 31/12/2017 | | Researcher(s) | | | Research Team(s) | |
- Evaluation of the house rent legislation. 19/01/2013 - 31/12/2013
| Abstract | This project represents a formal research agreement between UA and on the other hand KULeuven. UA provides KULeuven research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 19/01/2013 - 31/12/2013 | | Researcher(s) | | | Research Team(s) | |
- The Constitutional Court caught between its role as guardian of consensus democracy and deliberative expectations. 01/01/2013 - 31/12/2016
| Abstract | This project aims to offer a systematic empirical understanding of the functioning of the Belgian Constitutional Court within the Belgian consociational system, its role as a venue for legal deliberation and its task to uphold key constitutional principles.
This research explores both the performance of the court as guardian of consensus democracy and the deliberative quality of its judgments. It examines the tensions flowing from this dual role, and investigates how the court deals with these tensions. | | Duration | 01/01/2013 - 31/12/2016 | | Researcher(s) | | | Research Team(s) | |
- Law in action: (how) does the right to housing work (out)? 01/10/2012 - 30/09/2016
| Abstract | This project seeks to answer crucial questions about the effects of fundamental rights in practice, in particular with regard to social rights (also called socio-economic rights). Are social rights meaningful in practice? What is the significance of invokability and effectiveness of fundamental rights? Is the law indeed looking for a new way to deal with fundamental rights and why is this the case? Of course, the existence of fundamental rights itself is inspired by the need to intervene in socially (or otherwise) unacceptable situations. In particular, the question has to be raised whether fundamental rights have the often assumed capacity to change the situation in practice. Although an analysis of the effects on the ground of fundamental rights draws on an important social debate, the research questions are grounded in a fundamental academic discussion.
First of all, an explicit link will be made with notions of poverty and social exclusion. Indeed, the research question gains particular relevance in situations of poverty. Poverty and social exclusion have been defined as the denial or non-realisation of social rights. We will focus on the latter dimension, i.e. the non-realisation of social rights.
Secondly, we will focus on one particularly relevant social right, the right to an adequate standard of housing (in short, the right to housing). The right to housing has been recognized as a social right internationally, regionally and domestically. Article 23 of the Belgian Constitution guarantees the right to housing since its 1993 amendment. The right to housing is used as a "case" to study the effectiveness of social rights, but the conclusions reached through this research are expected to be amenable to generalization to other social rights. The key question is whether we can expect successful results from legislation, rather than from individual dispute resolution in realising fundamental rights. | | Duration | 01/10/2012 - 30/09/2016 | | Researcher(s) | | | Research Team(s) | |
- Official Law and Social Meaning: Same-Sex Marriage as an Instance of Legal Pluralism. 01/10/2012 - 30/09/2015
| Abstract | In my research I will focus on a topical and debated issue: same-sex marriage. Differently from most of the literature
on this topic, I will partray it as a case that is able to prove a more general hypothesis on the role that law
plays in society. Indeed, I will defend the claim that this issue should be seen as an instance of legal pluralism. Same-sex marriage
illustrates the negotiated and contested natur of law in contemporary societies: the rules comprising modern legal orders are nothing but the upshot of ongoing negotiations among the different normative orderings of substate and sometimes supra-state entities, which compete in order to affect official law. | | Duration | 01/10/2012 - 30/09/2015 | | Researcher(s) | | | Research Team(s) | |
- The European Arrest Warrant in Practice: Balancing at the Boundaries of Freedom, Security and Justice. 01/10/2012 - 30/09/2015
| Abstract | The project concerns the EU''s main legal instrument on the surrender of persons in the European Union, namely the Framework Decision on the European Arrest Warrant (FD EAW). The central question that this project will examine is to what extent the introduction and application of this instrument in the EU legal order and in the national legal orders contributes to the creation of an area of freedom, security and justice and, in particular, whether in these legal orders the three elements -freedom, security and justice- are in balance with each other. With this central question in mind, the project will start by defining the constituents of the ''area of freedom, security and justice'' and will, consequently, in the following two parts examine to what extent the EU institutions on the one hand and the national judicial authorities on the other hand contribute, or not, to the creation of a true area
of freedom, security and justice. | | Duration | 01/10/2012 - 30/09/2015 | | Researcher(s) | | | Research Team(s) | |
- The creation of autonomous public bodies from a European comparative legal perspective: international impulse, national restraint and how to reconcile these trends. 01/10/2012 - 30/09/2014
| Abstract | The law on the creation of autonomous public bodies in the administrative organization of European states is currently characterized by two trends. On the one hand, international or supranational law obliges or encourages states to create autonomous public bodies. Various national regulatory authorities which find their legal basis in different directives of the European Union on the liberalization of utilities sectors are the most apparent examples of this trend towards the internationalization of the law on autonomous government. On the other hand, one notices an attempt on the national level to restrain the evolution towards autonomous government. The question arose whether and to what extent autonomous government can be reconciled with fundamental constitutional principles governing administrative organization. Attempting to put a brake on the unlimited rise of autonomous public bodies, states have come up with framework regulation, determining the conditions for their establishment. How do these two trends determine the law on autonomous public bodies? To what extent do these trends conflict and – if need be – (how) can they be reconciled? The research studies these questions from a European comparative perspective. | | Duration | 01/10/2012 - 30/09/2014 | | Researcher(s) | | | Research Team(s) | |
- Characterization of jurisdiction agreements in European and international law. 01/10/2012 - 31/03/2013
| Abstract | Great uncertainty exists on the law applicable to international jurisdiction agreements. Their hybrid nature results in both contractual and procedural characterizations. Divergent approaches, different from State to State or even from court to court, threaten legal security. The project attempts to develop a new approach which would promote legal certainty in transnational situations. | | Duration | 01/10/2012 - 31/03/2013 | | Researcher(s) | | | Research Team(s) | |
- Monograph "The principle of mutual recognition in the EU internal market and the EU criminal justice area - A study into the viability of a cross policy approach". 12/09/2012 - 31/12/2012
| Abstract | This project represents a research contract awarded by the University of Antwerp. The supervisor provides the Antwerp University research mentioned in the title of the project under the conditions stipulated by the university. | | Duration | 12/09/2012 - 31/12/2012 | | Researcher(s) | | | Research Team(s) | |
- The role of constitutional courts in emerging democracies: variations in deliberative practices. 01/07/2012 - 30/06/2014
| Abstract | Constitutional review by courts is a significant trend in the last decades. Post-authoritarian democracies tend to establish a strong judicial power for rights adjudication. The relationship between democracy and judicial review, however, is contested, for fear of a "government of judges" and might have a substantial impact on transition processes to democracy. Therefore, newly empowered high courts in emerging democracies are reluctant to exercise their powers assertively or do so only in some policy areas, for fear of provoking retaliation by political leaders. A crucial question therefore is how courts exercise their powers, more precisely how they react to and anticipate political pressure. This requires that courts are studied in an integrated framework that combines legal expertise on judicial reasoning with political science knowledge on the broader context and performance of courts as government agencies. According to deliberative democracy, procedural requirements for rational, transparent and inclusive debate give legitimacy to laws. Courts may act as forum for deliberation by giving the public access to constitutional debate and providing for reason-based justifications. Our starting point is that deliberative venues, such as courts, are key ingredients of democracy, and may play an important part in the transition to democracy. Yet, at the same time politicians may constrain courts in the tasks they aim to fulfil or courts might be reluctant to use their powers to the full extent. This research project seeks to explain variation in the deliberative practices courts develop in the transition to democracy. In order to investigate this variation, the project will construct a theoretical framework as a basis for the empirical analysis. The study will focus on three research questions. RQ 1: whether and how the theory of deliberative democracy can explain fundamental tensions between constitutionalism, including constitutional review, and democracy. First, the tensions between legal and political constitutionalism need to be clarified. Next, we need to assess how this tension impacts upon democratic transition processes. What does it mean for a country to be in ''transition to democracy'' and what is the role of constitutional review in emerging democracies? How can courts function as a forum for deliberation in transitory democracies? RQ 2: Do constitutional courts shape the furthering of democracy in countries in transition, by protecting and expanding human and socio-economic rights? This requires an analysis of both the legal framework and the historic and socio-political context in which the constitutional courts operate. We need to gather quantitative data about the legal organization and competences of the courts, who has access to the court and who actually lodges a case, which cases fall within the ambit of the courts and how the courts interpret and exercise their powers, what kind of rights are at stake, how and when these cases are settled. RQ 3: What explains the success of failure of constitutional courts as deliberative agents? Legal and socio-political factors will be taken into consideration. Legal factors concern the procedure and competences of the courts, e.g. whether individuals and interest groups have access to the court, whether courts give voice to those who have been affected by a public policy and whether judges give dissenting opinions. Socio-political factors concern the social, economic, political and cultural environment in which the courts function. Here, we will partially rely on indicators which have been developed in doctrine to explain the role played by courts: transparency, public support, political competition and separation of powers. | | Duration | 01/07/2012 - 30/06/2014 | | Researcher(s) | | | Research Team(s) | |
- Research on turnarounds in the legal proceedings. 01/07/2012 - 01/01/2013
| Abstract | This project represents a formal research agreement between UA and on the other hand the de Orde van Advocaten Antwerp. UA provides the de Orde van Advocaten Antwerp research results mentioned in the title of the project under the conditions as stipulated in this contract. The objective is to analyse the duration for the treatment of second line legal assistance requests, to look into the decisive factors and to come forward with proposals and recommendations for improvement. | | Duration | 01/07/2012 - 01/01/2013 | | Researcher(s) | | | Research Team(s) | |
- Regionalization private housing legislation (Study Centre Living Issues). 15/06/2012 - 14/01/2013
| Abstract | This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 15/06/2012 - 14/01/2013 | | Researcher(s) | | | Research Team(s) | |
- Research on discrimination and persecution of Jews in Belgium between 1918 and 1950, by developing a database and analyzing the available data. 01/02/2012 - 31/07/2012
| Abstract | This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/02/2012 - 31/07/2012 | | Researcher(s) | | | Research Team(s) | |
- Legal Normativity: A Meta-Ethical Assessment of the Interpretivist Account. 01/01/2012 - 31/12/2015
| Abstract | The proposed research should be regarded as a specific contribution to the general effort of explaining and justifying the normative dimension of law. In particular, the focus of the project is provided by a given legal theory aiming at such an explanatory and justificatory account of the normativity of law, namely, interpretivism. The resources that interpretivism has to account for
legal normativity will be explored in detail and submitted to thorough criticism, thereby relying on but also contributing to current meta-ethical debates. The value of the proposed research is twofold, theoretical and practical. On the one hand, the theoretical significance of the research is due to the fact that it addresses a classical philosophical problem whose implications range over
the disciplines of law and philosophy. On the other hand, the practical significance of the research is demonstrated by its relevance to a host of seminal questions surrounding our daily engagement with the legal doctrine: ''What are the roots of legal obligation?'' ''To which extent is legal obligation confined to the state and to which can it arise independently of states at the
global level?'' ''Is there a hierarchy of norms in international law?'' ''Are there universal human rights, and if so on what grounds?'' Finally, ''how and to what extent are legal obligations connected to obligations arising from justice?'' These questions concern us not only as legal theorists, philosophers and lawyers, but also as responsible citizens. It follows that a theory of law''s normativity is going to impact considerably on our ordinary lives. | | Duration | 01/01/2012 - 31/12/2015 | | Researcher(s) | | | Research Team(s) | |
- Policy Research Centre Naturalisation and Integration (2012-2015). 01/01/2012 - 31/12/2015
| Abstract | This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/01/2012 - 31/12/2015 | | Researcher(s) | | | Research Team(s) | |
- Standard-based risk regulation in the EU legal order: A shifting function in a multilevel system. 01/10/2011 - 30/09/2014
| Abstract | This project proposal aims to analyse how the EU multilevel system carries out the protection against catastrophic risks by implementing national and supranational regulations, especially by making use of the principles of proportionality and subsidiarity to ensure an effective cooperation amongst Member States even where competences are not yet shared, but the transboundary nature
of the risk requires concerted action. | | Duration | 01/10/2011 - 30/09/2014 | | Researcher(s) | | | Research Team(s) | |
- The dynamics between national and regional fundamental rights protection in Europe: a practice of convergence? 01/10/2011 - 30/09/2013
| Abstract | This research project aims to expose the dynamics between national and regional rights protection in Europe and establish if these dynamics are one of convergence. The project firstly intends to examine recent reforms concerning the rights protection of European constitutions with the purpose of ascertaining if these reforms are founded on similar or converging ideas of an ideal constitutional model. Consequently, the project will scrutinize recent dynamics in the catalogues of rights of European constitutions to see if newly adopted constitutional rights are transpositions of international/regional rights, or if they originate from national constitutional dynamics. Because similar catalogues of rights in European constitutions are not enough to create European harmonization, the interpretation of these rights remains key. A significant focus will therefore be placed upon whether the methods of interpretation used by constitutional courts in Europe and the European Court of Human Rights are converging. Lastly, with the establishment of the EU Charter - the most recent and vast European collection of rights - and the new important possibility of the European Union acceding to the European Convention of Human Rights, it is essential to evaluate whether this Charter will cause a further convergence of rights protection in Europe. | | Duration | 01/10/2011 - 30/09/2013 | | Researcher(s) | | | Research Team(s) | |
- The Creation of Autonomous Public Bodies from a European Comparative Legal Perspective: International Impulse, National Restraint and how to reconcile these trends. 01/10/2011 - 30/09/2012
| Abstract | The law on the creation of autonomous public bodies in the administrative organization of European states is currently characterized by two trends. On the one hand, international or supranational law obliges or encourages states to create autonomous public bodies. Various national regulatory authorities which find their legal basis in different directives of the European Union on the liberalization of utilities sectors are the most apparent examples of this trend towards the internationalization of the law on autonomous government. On the other hand, one notices an attempt on the national level to restrain the evolution towards autonomous government. The question arose whether and to what extent autonomous government can be reconciled with fundamental constitutional principles governing administrative organization. Attempting to put a brake on the unlimited rise of autonomous public bodies, states have come up with framework regulation, determining the conditions for their establishment. How do these two trends determine the law on autonomous public bodies? To what extent do these trends conflict and – if need be – (how) can they be reconciled? The research studies these questions from a European comparative perspective. | | Duration | 01/10/2011 - 30/09/2012 | | Researcher(s) | | | Research Team(s) | |
- Law under the Guise of the Good: An Aristotelian Conception of Legal Authority. 01/10/2011 - 31/12/2011
| Abstract | The research is an attempt to answer the question ''How can the active selves of the citizens of a State be engaged in the action of rule-following when legal rules are externally imposed on them?''. In the paradigmatic case it is argued that in order to be able to follow and be guided by legal rules agents need to avow the grounding reasons as good-making characteristics of legal
rules. Consequently, the authoritative character of law can only be understood in a ''ethicalpolitical'' way. Thus, legal rules make salient the reasons for actions as good-making characteristics and in doing so citizens are able to engage with the grounding reasons of legal rules. The ''guise of the good'' model of legal rules, therefore, is compatible with the idea that law provides a service to its citizens and can make a practical difference to our lives and plans. | | Duration | 01/10/2011 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- Exploiting the results of the conference on strengthening the federal ombuds function. 01/05/2011 - 01/09/2011
| Abstract | This project represents a formal service agreement between UA and on the other hand CFO. UA provides CFO research results mentioned in the title of the project under the conditions as stipulated in this contract | | Duration | 01/05/2011 - 01/09/2011 | | Researcher(s) | | | Research Team(s) | |
- Study on the reception of and social benefits for illegal migrants and rejected asylum seekers in Belgium, Denmark, France, and the Netherlands. 01/02/2011 - 15/05/2011
| Abstract | This project represents a formal research agreement between UA and on the other hand ACVZ. UA provides ACVZ research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/02/2011 - 15/05/2011 | | Researcher(s) | | | Research Team(s) | |
- The qualification of the forum clause in international and European law. 01/01/2011 - 31/12/2012
| Abstract | This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/01/2011 - 31/12/2012 | | Researcher(s) | | | Research Team(s) | |
- Research on the discrimination and persecution of Jews in Belgium between 1918 and 1950, by developing a database and a museological display and analyzing the available data. 01/01/2011 - 31/12/2011
| Abstract | Onderzoek naar discriminatie en de vervolging van Joden in België tussen 1918 en 1950, door het uitwerken van een databank en het analyseren van de beschikbare gegevens. Onderzoek naar de evolutie, vanaf 1918, van de mensenrechten in de moderne samenleving en in België in het bijzonder, met bijzondere aandacht voor het non-discriminatiebeginsel. Uitwerken van een pedagogische vertaling van dit onderzoek, door een museale opstelling en door pedagogische tools die via webtoepassingen ter beschikking zullen staan. | | Duration | 01/01/2011 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- Implementation of article 80 TFUE on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the member states in the field of border checks, asylum and immigration. 01/01/2011 - 15/03/2011
| Abstract | The idea is to evaluate the implications and perspective of the new art. 80 of the Treaty, which appears to strengthen the previous art. 63(2)(b) provision which was limited to refugees and displaces persons. The note has to give ideas on a possible implementation of art. 80 TFEU to make the principle of solidarity effective. | | Duration | 01/01/2011 - 15/03/2011 | | Researcher(s) | | | Research Team(s) | |
- Towards a general theory on advice provision in administrative law. 01/10/2010 - 30/09/2012
| Abstract | According to the principle of due care, the administration must carefully prepare its decisons. Therefore, it often obtains advice from external advisers, both public and private. The purpose of this research is to develop a general theory on advising the public authorities on the basis of an analysis of the domestic and foreign regulation, case law and doctrine. | | Duration | 01/10/2010 - 30/09/2012 | | Researcher(s) | | | Research Team(s) | |
- Bring Courts in: Amending the Agenda for the New Generation of Democratization Studies. 01/10/2010 - 30/09/2011
| Abstract | The research will seek to comprehensively study the role of constitutional courts in democratic development in post-Soviet countries. The basic assumption of this proposal is that the role of courts in democracy-building in these countries, as well as elsewhere in transitional societies, has been underestimated and that the new generation of investments in democratic development should pay a renewed attention to constitutional courts as key pro-democratic agents. | | Duration | 01/10/2010 - 30/09/2011 | | Researcher(s) | | | Research Team(s) | |
- Research into the effects of the rejection of an application for secondary legal assistance to resolve the dispute. 01/09/2010 - 28/02/2011
| Abstract | Research into the effects of the rejection of an application for free legal assistance of a lawyer on the way a dispute can be solved by means of interviews by phone, based on a questionary, being a combination of open and closed questions, and dealing with 100 persons, selected out of the population of persons whose application for free legal assistance has been rejected during the years 2008-2009. | | Duration | 01/09/2010 - 28/02/2011 | | Researcher(s) | | | Research Team(s) | |
- Meeting a biodiversity researcher (BIORES). 01/06/2010 - 31/12/2010
| Abstract | Considering that 2010 is the International Year of Biodiversity, the Researchers'' night will focus on the mutual understanding
of researchers and citizens around this specific theme. The citizens will be able to express their feelings, skepticism, doubts, fears or enthusiasm on the importance of biodiversity. Researchers will show that behind recommended behavior, behind simple deeds, there is research. And a researcher. The idea is to show that biodiversity researchers are part of the society. Subsequently the citizens will be asked to become biodiversity research actors. | | Duration | 01/06/2010 - 31/12/2010 | | Researcher(s) | | | Research Team(s) | |
- Temporary and circular migration in Belgium. 05/05/2010 - 04/05/2011
| Abstract | This project represents a formal research agreement between UA and on the other hand the Federal Public Service. UA provides the Federal Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 05/05/2010 - 04/05/2011 | | Researcher(s) | | | Research Team(s) | |
- Citation editing and completion of a publication within the framework of an international workshop on the normativity of law 01/04/2010 - 31/03/2011
| Abstract | This project represents a formal research agreement between UA and on the other hand UCSIA. UA provides UCSIA research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/04/2010 - 31/03/2011 | | Researcher(s) | | | Research Team(s) | |
- Judicial transitional law in public and private procedural law: new evolutions concerning the modulation of the effects of judicial decisions in time. 01/01/2010 - 31/12/2013
| Abstract | New tendencies indicate that judicial transitional law is at the verge of a new evolution, calling for further research this project will focus in particular on two research questions which will lead to concrete directives for both policy makers and legal practice
Research Question 1: What are the theoretical foundations and policy arguments for the principal temporal function of'' judgments?
Research Question 2. What arguments justify in the practice of courts a modulation of the temporal effects of judgments? | | Duration | 01/01/2010 - 31/12/2013 | | Researcher(s) | | | Research Team(s) | |
- The public role of art. 01/01/2010 - 31/12/2011
| Abstract | Art is a pivotal activity that deserves the protection of the law. Most contemporary constitutions reserve a special protection of artistic expression as an improtant constitutional good, thus recognising the key role of Art for the flourishing of individuals and the community. The project aims to investigate the role art plays in the public sphere of a democratic polis and to draw conclusions about the protection it deserves by the state. In doing, so, it calls upon members of the local and international contemporary art community to re-negotiate the nature of art and invites members of the legal community and the general public to revise their views on the limitations and the value of artistic expression within a democratic polis. | | Duration | 01/01/2010 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- Valorisation of research in the human and social sciences. 01/09/2009 - 28/02/2011
| Abstract | The objective of the project is to analyse the character, the size and the importance of the valorisation of research in the field of human and social sciences, and to point out the diciplinary differences on the matter. Furthermore, the project aims to describe the possible obstacles in the valorisation in the field of human and social sciences, to sum up the "assets" of the Flemish region in this field and the possibilities and tracks that could be explored to extend the valorisation potential of the human and social sciences. Among the cases that will be analysed some will be chosen in the field of the law. | | Duration | 01/09/2009 - 28/02/2011 | | Researcher(s) | | | Research Team(s) | |
- Study quality regulations through consultation with stakeholders. 01/02/2009 - 01/03/2010
| Abstract | No abstract found | | Duration | 01/02/2009 - 01/03/2010 | | Researcher(s) | | | Research Team(s) | |
- Research on recommendations for a stronger Flemish enforcement. 01/02/2009 - 01/11/2009
| Abstract | No abstract found | | Duration | 01/02/2009 - 01/11/2009 | | Researcher(s) | | | Research Team(s) | |
- Qualitative digitisation and research into the first Belgian photographic magazines 'Bulletin belge de Photographie' and 'Bulletin de l'Association Belge de Photographie'. 01/01/2009 - 31/12/2010
| Abstract | The project investigates the qualitative digitisation of the first Belgian photographic magazines ''Bulletin belge de Photographie'' and ''Bulletin de l''Association Belge de Photographie''. The results of the research will be brought together in a qualitative course, syllabus and e-book that will be presented to specific libraries and museums to make the information accessible for further research. | | Duration | 01/01/2009 - 31/12/2010 | | Researcher(s) | | | Research Team(s) | |
- Propositions de cours et séminaires pour le personnel et les étudiants de la faculté de droit de l'université (UNIKIS) et la société civile de Kisangani. 20/12/2008 - 30/12/2009
| Abstract | Ce project contient d''une part un cour complet de droit constitutionnel Congolais pour les étudiants de la faculté de droit de Kisangani. D''autre part, une formation au droit international humanitaire serait offerte au personnel de la Faculté, étudiants de 3e cycle et certains membres d''ONG locales. Par ailleurs des séminaires sur des sujets spécifiques seraient aussi proposés pour un public plus large (société civile) surs les violences sexuelles ou la Cour Pénale Internationale et le conflit en RDC. | | Duration | 20/12/2008 - 30/12/2009 | | Researcher(s) | | | Research Team(s) | |
- Multi-layered Polities and the Search for the Common Good: A Constitutional Puzzle for the European Polis. 01/10/2008 - 30/06/2013
| Abstract | The debates for political unity in Europe can be captured by this basic question: ''Can we conceptualise a common good for the European polis?'' The project identifies two angles from which to pose the question: (i) how might a common conception of the good appear from the point of view of a single - if multi-layered - entity such as the European polis? and (ii) how might it appear from the point of view of regions, whose regional parliaments are also entrusted to legislate for the common good at a subsidiary level of representation. Spanning both questions is that fundamental quandary for democracy: why would the will of a majority (at the EU level) legitimately bind any minority in the absence of a good that is assumed common for both? | | Duration | 01/10/2008 - 30/06/2013 | | Researcher(s) | | | Research Team(s) | |
- Mutual Recognition in European Judicial Cooperation in Criminal Matters: Is there Room for a Cross-Pillar Approach? 01/10/2008 - 30/09/2011
| Abstract | This is a fundamental research project financed by the Research Foundation - Flanders (FWO). The project was subsidized after selection by the FWO-expert panel. | | Duration | 01/10/2008 - 30/09/2011 | | Researcher(s) | | | Research Team(s) | |
- Towards a general theory on advice provision in administrative law. 01/10/2008 - 30/09/2010
| Abstract | According to the principle of due care, the administration must carefully prepare its decisons. Therefore, it often obtains advice from external advisers, both public and private. The purpose of this research is to develop a general theory on advising the public authorities on the basis of an analysis of the domestic and foreign regulation, case law and doctrine. | | Duration | 01/10/2008 - 30/09/2010 | | Researcher(s) | | | Research Team(s) | |
- Trade in services and the social protection of workers in EC law and the General Agreement on Trade in Services of the WTO¿ how adequate and just is the balance? 01/10/2008 - 30/06/2010
| Abstract | No abstract found | | Duration | 01/10/2008 - 30/06/2010 | | Researcher(s) | | | Research Team(s) | |
- Inventory of silencio positivo. 15/06/2008 - 31/07/2008
| Abstract | This project aims tot give a concise inventory of the most important legislative provisions of Belgian administrative law, by wich the silence of the administration after expiration of a certain term is equalled with a fictitious positive decision, the so called "silencio positivo". Some important characteristics of this fictitious decisions are briefly outlined. The various individual country reports will result in a final global report. | | Duration | 15/06/2008 - 31/07/2008 | | Researcher(s) | | | Research Team(s) | |
- METARULES - Meta-rules and constitutional law: 'co-regulating' legislative processes in Europe? 01/03/2008 - 28/02/2010
| Abstract | Given the fundamental importance of legislation to society, legal scholarship has generated remarkably few insights into the
norms that effectively govern legislative processes. Between the extra-legal constraints traditionally studied by political
science and the formal constitutional framework that is the territory of constitutional law scholarship, a grey area of seemingly
bureaucratic rules on lawmaking can be identified. This project refers to these rules as ''meta-rules'' and aims to analyse the
way they interact with constitutional law. The recent proliferation of ''Better Regulation'' policies in Europe has led to a
convergence of meta-rules applied in different legislative arenas and to a growing salience of these norms. Many meta-rules
overlap with constitutional norms in terms of subject matter, for instance the issue of who gets access to the legislative
process. However, these rules are inspired by the paradigm of the regulatory state rather than by the traditional rationale of
democratic lawmaking. An example of a meta-rule is ''a legislative proposal can only be put forward if it is accompanied by an
impact assessment''. Such a requirement follows a different logic than the assumption that ''the sovereign parliament can
initiate laws as it sees fit'' which is often part of traditional constitutional frameworks. Are meta-rules as they emerge from
increased transnational cooperation in the framework of EU ''Better Regulation'' capable of overriding the formal constitutional
rules and principles in certain cases? Or do they instead facilitate their implementation in the day-to-day practice of
lawmaking? It is proposed to combine macro-level research on meta-rules by expanding existing databases on regulatory
policies in Europe with more detailed case-study based analysis. In doing so traditional methods such as elite interviewing
and textual interpretation will be combined with methods that are new to legal research, such as quantitative textual analysis. | | Duration | 01/03/2008 - 28/02/2010 | | Researcher(s) | | | Research Team(s) | |
- ODIS: Database Intermediary Structures Flanders. 01/01/2008 - 31/12/2012
| Abstract | This project represents a formal research agreement between UA and on the other hand the Flemish Public Service. UA provides the Flemish Public Service research results mentioned in the title of the project under the conditions as stipulated in this contract. | | Duration | 01/01/2008 - 31/12/2012 | | Researcher(s) | | | Research Team(s) | |
- The division of powers in the Belgian federal system: from an "exclusive" to a "cooperative" exercise of powers. 01/01/2008 - 31/12/2011
| Abstract | The research project will be made up of four parts:
1. First, we will investigate which fundamental principles in fact underlie the current devision of powers in the Belgian federal system. To this end, the judgments of the Court of Arbitration and the advices of the Council of State, Legislation section, will be systematically analysed. Central to this investigation is above all the question of the degree to which the exclusivity principle should or should not be reassessed.
2. In the second part, we will research the extent to which the development under way in Belgium can be explained in terms of the concepts of a "cooperative federal state" and of "multilevel governance". In this part a limited and strictly functional comparison will be made with regard to the phenomena of non-exclusive exercise of powers in other federal states. As well, insights will be presented from the legislative theory of "mulitlevel governance" in a federal context.
3. The third part will examine - by means of the (scarce) European jurisprudence and the practice of the transposition of European directives into national law - whether European law can also shed light on this development.
4. Finally, research will be conducted into whether it is necessary and/or desirable further to refine the rules, in the Constitution and in the special Institutional Reform Act of 8 August 1980, governing the division of powers, including those regarding cooperative federalism, with a view to ensuring a consistent exercise of these powers. | | Duration | 01/01/2008 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- Study for the implementation of article 35 of the constitution. 01/12/2007 - 01/09/2008
| Abstract | No abstract found | | Duration | 01/12/2007 - 01/09/2008 | | Researcher(s) | | | Research Team(s) | |
- Towards the creation of a general theory on organized administrative appeals. 01/10/2007 - 31/05/2009
| Abstract | The research focuses on the internal, administrative appeal against agency decisons that has tot be exhausted before seeking relief tot the court. The research aims to :
- determine the why and the how of the current system;
- evaluate the similarities and differences between the various appeals;
- propose ways to optimize the current system (eg by creating a general framework)
- develop a general theory on organized administrative appeals, which would be applicable on all those appeals, regardless of the area of administrative law. | | Duration | 01/10/2007 - 31/05/2009 | | Researcher(s) | | | Research Team(s) | |
- Discrimination Law Chair 01/09/2007 - 31/08/2009
| Abstract | No abstract found | | Duration | 01/09/2007 - 31/08/2009 | | Researcher(s) | | | Research Team(s) | |
- Field research concerning the United Nations Mission in Kosovo and Kosovo Force: The relevance of International Human Rights Law and in particular the ECHR in the Territory of Kosovo under Interim Administration by the UN. 01/08/2007 - 31/07/2009
| Abstract | Since the beginning of the UN administration in Kosovo, the status of human rights remained unclear. Also their enforceability, both with regards to the international administration as to the local authorities, is much disputed. The research will focus on the question whether or not human rights are effectively protected, and in how far they are relevant to the different communities in Kosovo. | | Duration | 01/08/2007 - 31/07/2009 | | Researcher(s) | | | Research Team(s) | |
- The Constitution of Globalisation. 01/07/2007 - 30/06/2012
| Abstract | The proposed research undertakes an investigation of the impact of globalization on the concept of law from the point of view of General Legal Theory and the Philosophy of Law. In addition, extensive use is made of contemporary debates in the Philosophy of Action, Social and Political Theory and Sociology. Given its interdisciplinary scope, the project focuses on structural as well as substantive aspects of legal orders with an eye to offering an explanatory framework of legal phenomena that lives up to the challenges of the globalised era. Such a framework, it is argued, needs to combine a dynamic understanding of how legal norms and categories evolve in the light of the social, economic and political changes globalization effects, with an account of the specifically normative structure of law as a source of authority, which is legitimate from the point of view of those agents who engage in globalised contexts. The two aspects, it is suggested, may be combined through an analysis of the dual character of Law as a system of co-ordination of action: on one hand, the factual aspect that pertains to legal institutional arrangements; on the other, the ideal aspect that refers to the claim law raises to be a legitimate source of normative authority. | | Duration | 01/07/2007 - 30/06/2012 | | Researcher(s) | | | Research Team(s) | |
- Proper law making in the European Union. An analysis of the jurisprudence of the European Court of Justice. 01/07/2007 - 31/12/2011
| Abstract | The aim of this project is to discover requirements of proper law making in a European Union context. The research relates to European rules as well as national rules with a European dimension. The jurisdiction of the European Court of Justice will be analysed to find legal requirements relating to the quality of laws. This is put in the broader perspective of regulatory management as a EU policy. | | Duration | 01/07/2007 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- The distributions of powers in the Belgian federal system: from an "exclusive" to a "cooperative" exercise of powers? 01/07/2007 - 31/12/2011
| Abstract | This project adresses the principles of repartition of powers in the Belgian federal system. It aims at detecting these principles through an analysis of the case law of the constitutional court and the advices of the Council of State, at interpreting them in the light of the theory of the "cooperative federal state" and at examining their compliance with European law. | | Duration | 01/07/2007 - 31/12/2011 | | Researcher(s) | | | Research Team(s) | |
- Globalisation and Legal Theory. 01/05/2007 - 30/04/2012
| Abstract | The research project ''The Constitution of Globalisation'' brings legal doctrinal analysis and philosophical argument to bear on key questions of globalisation, with a view to demonstrating that globalisation raises substantive questions of justice, human rights and democracy, questions that need to be taken very seriously by lawyers, policy-makers, politicians and citizens at the international and national levels. On the face of it, it seeks to make a contribution to the current globalization debate on two levels: first, to subject existing legal institutions to sustained criticism; second to propose new forms of legal regulation by suggesting a fresh way of thinking about the role law can play in a globalised world. It is envisaged that this line of enquiry will amount to important conclusions about the content, form and institutional validity of a Constitution of Globalisation. | | Duration | 01/05/2007 - 30/04/2012 | | Researcher(s) | | | Research Team(s) | |
- Consultations on draft regulation. An inventory of the Dutch consultation practice. 02/03/2007 - 01/05/2007
| Abstract | This project will assess the quality and quantity of the Dutch consultation practice regarding regulatory drafts. It will look at:
- the position of consultations in the lax making process: the development of a process of quality management
- the functions of consultations in an ideal law making process | | Duration | 02/03/2007 - 01/05/2007 | | Researcher(s) | | | Research Team(s) | |
- The democratic legitimacy of the European Court of Justice's role in the European legal system. 01/01/2007 - 31/12/2010
| Abstract | The Treaty concerning the European Union qualifies the European Union, in its article 6, as being democratic. It is the task of the European Court of Justice to guarantee that, through its interpretation of the European Treaties, Union legislation is being respected (art. 220 Treaty). The Court has always done this in a rather expansive and activist manner. The question therefore is if and how this expansive interpretative activity can be reconciled with the idea that the European legal order is based on the idea of democracy. | | Duration | 01/01/2007 - 31/12/2010 | | Researcher(s) | | | Research Team(s) | |
- The protection of human rights against violations by the law maker in converging national and European legal systems. 01/01/2007 - 31/12/2010
| Abstract | The project aims at analysing, in a comparative way, the interaction of the national and European courts in the protection of human rights against legislative and regulatory action, or the lack thereof. It treats the relations between national courts as well as the interaction of the Court of Justice with national courts. Special consideration is given to the European dimension. In order to ensure the full effect of Community law, Member States must organise their judicial system in such a way that any provision of national law which conflicts with Community law can be set aside. In the field of human rights, national courts thus have to combine the protection afforded within their national legal order with the obligations flowing from Community law as well as with the minimum level of protection imposed by the European Convention on Human Rights. The project examines how problems and bottle-necks can be solved within the existing framework of judicial protection; and to what extent the existing system of judicial protection should be reformed in order to achieve an efficient and coherent system of human rights protection, in which judicial decisions are given within a reasonable period of time. | | Duration | 01/01/2007 - 31/12/2010 | | Researcher(s) | | | Research Team(s) | |
- The European decision making process and democratic participation in matters of asylum and migration. 01/01/2007 - 31/12/2008
| Abstract | The European Community has jurisdiction over matters of asylum and immigration since the Treaty of Amsterdam. The decision making process is mainly the consultation procedure, with limited legislative power for the European Parliament. The research topics are the respective importance of each of the European institutions in the legislative process, the degree of democratic participation and the possible consequences for legal protection. | | Duration | 01/01/2007 - 31/12/2008 | | Researcher(s) | | | Research Team(s) | |
- Valorisation of the architecture and visual image of the Antwerp 16th-century fortifications on the basis of a historical, architectural and archaeological research program. 01/01/2007 - 31/12/2008
| Abstract | The renovation of the Antwerp 19th-century boulevard started in 2002. A lot of monumental relics of the old 16th-century fortifications were found. They are rare testimonies of the earlier city walls, porches, bastions, bridges and moats. On the basis of interdisciplinary research (architectural, historical and archaeological) a fundamental research is started up to describe the unique character of those remains. | | Duration | 01/01/2007 - 31/12/2008 | | Researcher(s) | | | Research Team(s) | |
- An ethical and applied enquiry into the relation between pluralism, ethics and regulation in biomedical and technological matters. 01/10/2006 - 30/09/2010
| Abstract | In the context of the results of biomedical and technological research, law and ethics are strongly linked to eachother. In the future, the legislator will more and more be urged to regulate the questions and problems that will be raised in this context. This proposal therefore wants to look at how the legislator should react to this. | | Duration | 01/10/2006 - 30/09/2010 | | Researcher(s) | | | Research Team(s) | |
- Conflicts of human rights in horizontal relations, particularly in labour relations. 01/10/2006 - 30/09/2009
| Abstract | No abstract found | | Duration | 01/10/2006 - 30/09/2009 | | Researcher(s) | | | Research Team(s) | |
- Mutual Recognition in European Judicial Cooperation in Criminal Matters: Is there Room for a Cross-Pillar Approach? 01/10/2006 - 13/01/2009
| Abstract | No abstract found | | Duration | 01/10/2006 - 13/01/2009 | | Researcher(s) | | | Research Team(s) | |
- Towards the creation of a general theory on organized administrative appeals. 01/10/2005 - 30/09/2007
| Abstract | No abstract found | | Duration | 01/10/2005 - 30/09/2007 | | Researcher(s) | | | Research Team(s) | |
- Justiciability of human rights in horizontal relations, particularly in trade and industry and in services. Survey on the method and the conditions of enforcement in the light of social human rights protection. 01/10/2005 - 30/09/2006
| Abstract | No abstract found | | Duration | 01/10/2005 - 30/09/2006 | | Researcher(s) | | | Research Team(s) | |
- Compose of a workbook concerning handling cultural differences. 01/09/2005 - 30/06/2006
| Abstract | No abstract found | | Duration | 01/09/2005 - 30/06/2006 | | Researcher(s) | | | Research Team(s) | |
- The relation between judging, law creation and democracy in the opinion of magistrates in the Belgian 'Cour de Cassation'. A study in sociology of law and legal theory. 01/05/2005 - 30/04/2009
| Abstract | This study, by combining methods of legal theory (literature study) and sociology of law (interviews), aims to look at how magistrates in the Belgian Cour de Cassation understand their law creating function. As a result a deeper understanding of the democratic attitude of these magistrates is given, and insight is gained into the functioning of Belgian democracy. | | Duration | 01/05/2005 - 30/04/2009 | | Researcher(s) | | | Research Team(s) | |
- Which international family law is necessary for the proper functioning of the internal market. 29/10/2004 - 31/07/2006
| Abstract | No abstract found | | Duration | 29/10/2004 - 31/07/2006 | | Researcher(s) | | | Research Team(s) | |
- Towards the creation of a general theory on organized administrative appeals. 01/10/2004 - 30/09/2005
| Abstract | No abstract found | | Duration | 01/10/2004 - 30/09/2005 | | Researcher(s) | | | Research Team(s) | |
- Culture criticism in Europe, 1750-2000: ideas and practices. 01/01/2004 - 31/12/2008
| Abstract | No abstract found | | Duration | 01/01/2004 - 31/12/2008 | | Researcher(s) | | | Research Team(s) | |
- Transposition of and legal protection under the European migration law. 01/01/2004 - 31/12/2008
| Abstract | No abstract found | | Duration | 01/01/2004 - 31/12/2008 | | Researcher(s) | | | Research Team(s) | |
- Transposition of and legal protection under the European migration law. 01/01/2004 - 31/12/2008
| Abstract | No abstract found | | Duration | 01/01/2004 - 31/12/2008 | | Researcher(s) | | | Research Team(s) | |
- Institutional aspects of regulation policy: the organisation of the law giving process. 01/10/2003 - 31/12/2007
| Abstract | A policy towards the quality of legislation implies care for the organisation of the legislative process. This project wants to analyse the organisation of the decision making process. It aims to consider the institutional actor''s strong and weak points in the legislative process and to find out how these actors can influence the quality of legislation. A comparative study will look for inspiration from abroad to reform institutions in Belgium. | | Duration | 01/10/2003 - 31/12/2007 | | Researcher(s) | | | Research Team(s) | |
- Analysis of the case law of the Belgian Conseil d'Etat on the application of the 1980 aliens act. 01/10/2003 - 31/12/2005
| Abstract | The project aims at an in-depth analysis of the case law of the Belgian Conseil ''Etat on the application of the Aliens Act on the immigration of non-Belgian citizens to Belgium. The Conseil d''Etat, being ths supreme administrative tribunal, reviews the decisions made by the immigration authorities on the basis of the Aliens Act. Although these appeals currently compose the majority of the Conseil''s workload, exhaustive legal research on more than 20 years of case law is lacking. The research will examine these cases from different legal angles; migration law, administrative law, administrative procedural law, constitutional law, international public law, European law and human rights law. | | Duration | 01/10/2003 - 31/12/2005 | | Researcher(s) | | | Research Team(s) | |
- Law of the European Union with special emphasis on European private international law. (Jean Monnet Chair 'ad personam'). 01/10/2003 - 31/12/2005
| Abstract | Project of education and research relating to EU-law, with special emphasis on the development of the still young subdiscipline of EC private international law. The project thus confronts two legal disciplines: private international law (which regulates cross-border activities from a private law perspective) and Community free movement law (which, in a specific treaty framework, regulates cross-border economic movement in function of the objectives laid down in in the EC Treaty). | | Duration | 01/10/2003 - 31/12/2005 | | Researcher(s) | | | Research Team(s) | |
- EPHEBOS : European Provincial Heuristics for Educative Bachelor's Operational Synergy. 01/10/2003 - 31/12/2004
| Abstract | The project ''EPHEBOS'' attempts to analyse the basic needs and available sources in order to create a Europe-oriented modular education package for the bachelor level within the Association of the University of Antwerp-Colleges within the Antwerp province. This comprehensive research about education fits into the priorities of the Antwerp prov~nce and gains momentum with the Bologna declaration. | | Duration | 01/10/2003 - 31/12/2004 | | Researcher(s) | | | Research Team(s) | |
- No title found 01/10/2003 - 31/12/2003
| Abstract | No abstract found | | Duration | 01/10/2003 - 31/12/2003 | | Researcher(s) | | | Research Team(s) | |
- The Reconstruction of the Antwerp Jewish Community after the Second World War (1944-1960). 01/03/2002 - 28/02/2006
| Abstract | No abstract found | | Duration | 01/03/2002 - 28/02/2006 | | Researcher(s) | | | Research Team(s) | |
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Expertise
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Show the team expertise- Adams Maurice
- The research activities are focused on the philosophical, ethic, historical, sociological, economic, psychological, political and others factors that have had an influence or determine the law
| Technique: | Legal and social-scientific research in the context of the above mentioned themes. | | Users: | - Policy makers
- Societal organisations
- Interest groups
- Public sector | | Keywords: | LEGAL THEORY AND JURISPRUDENCE, PHILOSOPHY OF LAW, SOCIOLOGY OF LAW, LAW AND ECONOMICS, LEGAL HISTORY, LEGAL THEORY, LAW AND PSYCHOLOGY |
- Meeusen Johan
- Peeters Bruno
- Straetmans Gert
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