Research Bernard Hubeau

Abstract

The revised European Social Charter recognizes the right to housing. The study examines consequences for Flemish housing policy, given the federal state structure and the non-ratification of Article 31 RESC. In addition, the study examines which lessons can be drawn from decision-making practice regarding this article or any other provisions of the Charter that are relevant to housing policy.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The coalition agreement of the Flemish Government 2019-2024 and the Housing Policy Plan 2019-2024 of Minister Diependaele contain the intention to investigate whether a dynamic list of rogue tenants, landlords and real estate agents could be drawn up. The project primarily examines whether it is possible to create such a dynamic list in accordance with higher legal standards, including privacy regulations.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The study aims to identify the need for social counselling among social tenants, as well as which counselling social tenants already receive and which needs are not or insufficiently met. Together with representatives of social landlords, social tenants and welfare organisations and field workers, and by using the Delphi method and round table discussions, a new measuring tool is designed for this purpose.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

When we value a sound housing quality policy, we need enough crisis housing for rentors who have to leave an unsound home. Sometimes a provisional housing is need in situations like fire, expulsion, domestic violence, ...

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The purpose of the research project is to measure to what extent the discrimination is present on the private renting market in Leuven and to formulate recommendations for improvement. We investigate whether or not there is discrimination with regard to ethnic origin and physical disability.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Planetary urbanization is creating a sense of urgency over seemingly unstoppable and unsustainable land consumption in Flanders, Europe and the world. Unexpectedly, the distribution of land rights, as one of its main drivers, appears to be insufficiently understood in its full complexity. This research will address this gap, by focusing on the institutionalization of land use, land use rights, land reform and urbanization. For this, purpose, the research will mobilize an innovative analytical framework, combining theories of both law and urban planning, more specifically a Lockean inspired land-labour theory and critical institutionalist planning theory, complemented with state of art theories on the commons. Through this framework mechanisms of urbanization land allocation in Flanders, Greece and Northern Italy will be analyzed as case studies. The research aims to explore how land and labour are connected, and how this connection is institutionalized in regional urbanization patterns. The research will reanimate the theoretical debate on urbanization as the institutionalization of productivist behaviour. It will give insights in how bottom-linked cooperative movements succeed (or not) in reconnecting land and labour, imbue this connection into land governance dynamics, and foster socio-ecologically sustainable urbanization.

Researcher(s)

• Promoter: Hubeau Bernard
• Fellow: Hiergens Ide

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The existence of discrimination and selection mechanisms on the private renting market in Malines is a reason for worrying. Nevertheless good housing is a fundamental right. The research has to deal with the accessibility of the housing market for different vulnerable groups.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The technical report for housing controls towards a sound housing quality is very important. Cities can appoint own controllers. But a sound framework has to be created for these officers: that is the objective of this research.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This research is the actualization of a research done in 2012 by the King Baudouin Foundation on the relation between the citizen, the law and society. Two major aspects are analyzed: the quality of legislation on the one hand and the way justice deals with conflicts on the other hand.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The intention of the Vlaamse Bouwmeester is to discover which are the causes of unreasonable use of space. These causes can be found in the legal sphere, in the legislation, and in the financial sphere, as a result of financial channels which promote the unreasonable use of space, both explicitly or implicitly. Recommendations can be drafted to turn these negative causes into a more reasonable use of space.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This research projects aims to make an inventory of new initiatives in housing ("social housing initiatives) as a first step and assess these initiatives in a second phase. Finally, recommendations will be drafted to elaborate an appropriate housing policy.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

In 2002, the King Baudouin Foundation realized a study on the relation between the citizen, the law and the society. After 15 years, the Foundation wishes to update the study, from the perspective of recent developments over time. This project will deal with the support for the edition of a new report (desk research and interviews) and a conference on the subject.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

During the monitoring of projects about shared housing in the province of Vlaams-Brabant, some problems have been experienced in the application of the regulation on urban planning. The objective of this project is to clarify the situation, and to provide the municipalities to use the appropriate legal instruments to enhance these new types of housing.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

After the sixth state reform, the regulation of the private renting market has been transferred to the regions. With the Belgian political structures every legislator has the duty to realize the fundamental rights of the citizens: this is also the case for the principles of equality and non-discrimination. Hence, the Flemish authorities have to enforce non-discrimination when houses or apartments are rented. A non-discrimination policy has to be elaborated with the stakeholders. This project is a preliminary stage in the elaboration of this policy.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project website

Project type(s)

• Research Project

Abstract

In the Flemish debate on urban planning policy, Transferable Development Rights (TDRs) have recently been suggested as a possible solution for urban planning problems. The underlying principle of TDRs is relatively simple: property rights and development rights of real-estate are being separated and a market for development rights is created. Those development rights can then be traded and transferred to other real-estate owners or developers. Typically a distinction is made between the places where a community would like to see less development, the so-called sending areas, to places where a community would like to see more development, the receiving areas. The sending areas are generally areas where the government would like to achieve certain public policy objectives, such as safeguarding open space or preserving the environment or the rural or historical nature. Although the concept is not new (origins in the US beginning of the 20th Century) and a strong interest exists in Flanders to explore the utility of TDRs, no systematic academic literature or policy studies have been carried out to examine whether TDRs would actually fit within the Flemish/Belgian legal framework or whether this would require a modification of the legal framework. The proposed research project aims at filling this gap by examining to what extent it is necessary and feasible to introduce TDRs into the legal framework to respond to the identified needs and problems of contemporary urban planning.

Researcher(s)

• Promoter: van Zimmeren Esther
• Co-promoter: De Bois Sigrid
• Co-promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Research into the state of the art of the research on legal aid, legal assistance and the access to justice for a workshop about the future of legal aid, legal assistance and access to justice in China.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project website

Project type(s)

• Research Project

Abstract

Effective justice systems play a crucial role for upholding the rule of law and the European Union's fundamental values. Quality, independence and efficiency are some of the essential parameters of an 'effective justice system' and are used in the EU Justice Scoreboard to analyze the functioning of all EU Member States' judicial systems. Being the cassation court, the Supreme Courts' essential task is to safeguard legal certainty and legal uniformity and to contribute to the development of law. Supreme Courts are thus a key factor in an effective justice system. Since the Supreme Courts act as Union courts when applying EU law, they also play an important role in the process of coherent application of EU law. Together with the Supreme Court of Latvia, Hungary, Lithuania and Spain, as well as with the University of Ljubljana, the University of Antwerp analyzes the performance of the Supreme Courts in the European Union. The research project focuses on the following questions, all related to the management of the Supreme Courts: 1. How can (Supreme) Courts contribute to legal certainty , consistency and transparency of the law? Embedded within this first research question is the sub-question how to enhance the institutional capacity of Supreme Courts' research and documentation units, which are generally charged with the twofold task of analytical overview of the Supreme Courts case law, as well as in assisting the judges with research. Particular attention will be paid to the research and documentation units' contribution to the correct implementation of EU law. 2. How can the (Supreme) Courts' management be improved and backlogs be reduced in order to guarantee an effective and timely protection of rights? The research will concentrate on best practices in Member States to improve the functioning of the management systems of (Supreme) Courts, with particular attention being paid to streamlined case handling and in-house coordination. 3. How can the (Supreme) Courts' communication strategies with the public be improved? This priority is aimed both at communication with the parties (access of the parties to the case file) and with the general public (information and education of the public). 4. What is the role of the Supreme Courts in the work of the national Councils of Judiciary? More broadly the research project will make a SWOT analysis of the Councils for the Judiciaries' as a crucial actor for enhancing and sustaining the quality of the judicial system. In order to gather and collect the best practices for managing Supreme Courts, the state of the art of the existing research will be established. This desk research will be supplemented by empirical research. A survey has been sent to all Supreme Courts of the European Union. Together with the information collected during study visits, case studies and the desk research, the information of the surveys will be analyzed and used to prepare this best practice guide for managing Supreme Courts. Better court management and the improvement of the transparency of the Supreme Courts' work will not only lead to more efficient case handling, but will also raise trust of civil society and improve the image of Supreme Courts as reliable and user-friendly institutions. The smooth assignment and quicker examination of cases will also lead to better implementation of EU law. By drafting a best practice guide for managing Supreme Courts this research project aims to increase the administrative and judicial capacity of the Supreme Courts and thus increasing the effectiveness of judicial systems. This best practice guide will be presented and distributed to all Supreme Courts of the European Union in April 2017 and will be a useful tool for Supreme Courts to improve their management.

Researcher(s)

• Promoter: Rutten Stefan
• Co-promoter: Hubeau Bernard
• Co-promoter: Popelier Patricia

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

Abstract

At the level of housing policy a simplification of the rules on renting in the public sector is announced. The regulation nowadays is very detailed, e.g. compared to the legal framework for private renting. The objective of the research is to describe how form the legal point of view (a) and from the perspective of the actors on the ground (b) a simplification can be elaborated and to take into account the role of the municipal level and the relation between welfare and housing projects.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The knowledge center on housing support policy makers in giving housing policy a sound scientific evidence and deals with legal questions about housing: this is where the expertise of our research group comes in.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project represents a formal research agreement between UA and on the other hand the client. UA provides the client research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project represents a research agreement between the UA and on the onther hand IWT. UA provides IWT research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The aim of the present project is to make good use of the lessons learnt from various police and justice reforms, developed in the aftermath of the Dutroux case,and implemented at various speeds times, sometimes in the same way as previous experiments. Thus, it would clearly be interesting to gain insights and to make comparisons regarding the changes implemented at various levels within the police and the justice system. The impetus behind the project is the recognition of the need for those involved in the two institutions to cooperate in theÎr work.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

This project represents a formal research agreement between UA and on the other hand de Federale Ombudsman. UA provides de Federale Ombudsman research results mentioned in the title of the project under the conditions as stipulated in this contract.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

Liability insurance is profoundly imbedded in today's society, as evidenced by the broad use of compulsory (e.g. driver insurance) and optional contracts (e.g. family liability insurance). In this respect, insurance plays a key role in protecting the insured against the risks of liabilities imposed. At the same time, tort law is becoming more important as victims feel more entitled to receive compensation. As negligence still forms the base of tort law, strict liabilities increase, often with a link to liability insurance. Nevertheless, it is documented that insurance might induce moral hazard. Acting carefully becomes less important, if the financial consequences of liability can be shifted to the insurer. Hence, insurance companies need instruments to prevent this behaviour. To reconcile these two objectives, a balanced legislative approach is needed: too much focus on protection might give too much leeway to moral hazard offenders leading to adverse selection or inadequate premiums, while too much focus on prevention might, for instance, cause unwarranted exclusions of insurance applicants. Although the subject of insurance protection and moral hazard prevention has been studied separately in the existing law literature, no study has investigated whether there is a balance between both elements in Belgian insurance law. This project examines the prevalence of the 'protective' and 'preventive' motive in the Belgian insurance law. In view of the social importance of the research subject and the fact that moral hazard essentially deals with behaviour, the subject will not only be studied from an insurance law viewpoint, but also from an empirical viewpoint (psychology and the law and sociology and the law). More specifically, the project focuses on the examination of the legal framework of liability insurance and on the question if adequate protection is (still) offered to the insured. Given the fact that moral hazard is based on the assumption that insured have knowledge of the policy terms, it needs to be investigated whether this is true. The theory of legal consciousness will be used as a legal framework. The legal and empirical viewpoint will enrich the scientific study on insurance law and will give useful insights on the question how insurance regulation can be adapted to the legal consciousness. This project will also benefit the evidence-based knowledge of legal consciousness in the field of sociology and the law and psychology and the law.

Researcher(s)

• Promoter: Weyts Britt
• Co-promoter: Henskens Charlotte
• Co-promoter: Hubeau Bernard

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard
• Co-promoter: Vandenhole Wouter
• Fellow: Moons Nico

Research team(s)

• Government and Law

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard
• Co-promoter: Mortelmans Dimitri

Research team(s)

• Government and Law

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

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

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project

Abstract

The study examines 'the role of the statement by a cooperative suspect (guilty/innocent) in Belgian criminal cases' from a legal perspective (evidential value) as well as a psychology and law and a sociology and law perspective(stimulation of cooperation) . The study concerns (1) a legal analysis and literature screening and (2) a field study consisting of a combination of quantitative (questionnaires, case analysis) and qualitative methods (semi-structured interviews).

Researcher(s)

• Promoter: Rozie Joëlle
• Co-promoter: Hubeau Bernard
• Co-promoter: Vanderhallen Miet

Research team(s)

• Law Enforcement

Project type(s)

• Research Project

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.

Researcher(s)

• Promoter: Hubeau Bernard

Research team(s)

• Government and Law

Project type(s)

• Research Project