Constitutional and Administrative Law
Core concepts
Start from the architecture of the Belgian Constitution: the federal state structure with three Communities and three Regions, the principle of federal loyalty, and the residual federal competence (Article 35, currently dormant by transitional provision). Know the hierarchy of norms - Constitution, special laws, ordinary laws, decrees and ordinances - and the role of the Constitutional Court in reviewing laws, decrees and ordinances against the constitutional title on competences and the fundamental rights in Title II. Distinguish the Constitutional Court from the Council of State, which reviews administrative acts and acts as legislative section adviser.
Master separation and balance of powers: the King as head of state with counter-signature by a minister, the Federal Parliament (Chamber and Senate, with the Senate's residual role), and the confidence relationship between Chamber and Government. Know Article 33 (all powers emanate from the Nation), Article 10 and 11 (equality and non-discrimination), and the standstill obligation.
Administrative law
Understand the law of 29 July 1991 on formal motivation of administrative acts, the principles of sound administration, proportionality, legitimate expectations, audi alteram partem, and the suspensory and annulment powers of the Council of State under the coordinated laws of 12 January 1973.
Traps
Questions often confuse Communities (culture, education, language, persons) with Regions (economy, environment, spatial planning). Watch for the special majority requirement for special laws and the double majority for Community legislation in Brussels. Do not attribute constitutional review of administrative acts to the Constitutional Court.
Rule of thumb
For any competence question, ask: which entity, which listed matter, is it a federal residual, and does a conflict-of-interest procedure apply?