Research team
Expertise
My expertise can be described as public law in general, which includes constitutional law (state institutions, human rights and federalism) and administrative law (e.g. the Council of State). This expertise is not only limited to Belgium, but extends to Germany, France, the United Kingdom, the United States (and the Netherlands).
Advisory opinion on independent management of the Judiciary Power.
Abstract
The provided research discusses the constitutional feasibility of further autonomizing the management of the judicial system while maintaining a balance between constitutional principles. It explores both traditional and modern perspectives on the separation of powers, emphasizing the need for cooperation between branches of government. The delegation theory is introduced as a means to transfer administrative powers to non-politically accountable actors with specific conditions, including judicial and political oversight. It serves as a general guideline for adhering to constitutional principles when outsourcing managerial powers while considering the extent of autonomy in budget and personnel.Researcher(s)
- Promoter: Jenart Cedric
Research team(s)
Project type(s)
- Research Project
Constitutional principles on outsourcing law-making power to non-democratically legitimized actors in European states
Abstract
Who should make statutory laws? The legislature! The answer to this question seems self-evident. Still, all legislatures in Europe pass on some of their power to make statutes to other actors. Traditionally, legislative power has been conferred to the executive. More recently, independent agencies and private actors are receiving legislative powers. Whereas the executive was still controlled by voters or by parliamentary representatives of the voters, these 'non-democratically legitimized actors' are not or to a lesser extent. When may the legislature outsource to these non-democratically legitimized actors? Which guarantees must be met in the norms of these actors? Constitutions are mostly silent on these fundamental questions. Therefore, policy makers, politicians and legal practitioners remain in the dark on the legal sustainability and outer limits of legislative outsourcing to non-democratically legitimized actors. This research first aims to derive, from existing treaties, constitutions and statutes, the constitutional principles that determine the limits for legislatures to confer their legislative powers. Second, the research establishes minimum legal safeguards that the norms, made by nondemocratically legitimized actors pursuant to legislative outsourcing, must meet. Ultimately the comparative conclusions for Belgium, France, Germany and the UK will enable us to understand a crucial practice in modern European law-making.Researcher(s)
- Promoter: Velaers Jan
- Co-promoter: Velaers Jan
- Fellow: Jenart Cedric
Research team(s)
Project type(s)
- Research Project
Constitutional principles on outsourcing law-making power to nondemocratically legitimized actors in European states.
Abstract
Who should make statutory laws? The legislature! The answer to this question seems self-evident. Still, all legislatures in Europe pass on some of their power to make statutes to other actors. Traditionally, legislative power has been conferred to the executive. More recently, independent agencies and private actors are receiving legislative powers. Whereas the executive was still controlled by voters or by parliamentary representatives of the voters, these 'non-democratically legitimized actors' are not or to a lesser extent. When may the legislature outsource to these non-democratically legitimized actors? Which guarantees must be met in the norms of these actors? Constitutions are mostly silent on these fundamental questions. Therefore, policy makers, politicians and legal practitioners remain in the dark on the legal sustainability and outer limits of legislative outsourcing to non-democratically legitimized actors. This research first aims to derive, from existing treaties, constitutions and statutes, the constitutional principles that determine the limits for legislatures to confer their legislative powers. Second, the research establishes minimum legal safeguards that the norms, made by nondemocratically legitimized actors pursuant to legislative outsourcing, must meet. Ultimately the comparative conclusions for Belgium, France, Germany and the UK will enable us to understand a crucial practice in modern European law-making.Researcher(s)
- Promoter: Velaers Jan
- Fellow: Jenart Cedric
Research team(s)
Project type(s)
- Research Project