Belgian Judicial Traineeship Admission Exam study materials
Belgian Judicial Traineeship Admission Exam study resources

Belgian Judicial Traineeship Admission Exam: Public Law: Constitutional, Administrative and European Law

Belgian Judicial Traineeship Admission Exam · Work through your exam, one topic at a time.

All guide sections

Public Law: Constitutional, Administrative and European Law

Constitutional law

Understand the hierarchy of norms: the Constitution, special and ordinary laws, decrees and ordinances, and subordinate regulations. Know the principle of legality in administrative action, the separation of powers, and the federal structure with its distribution of competences. Study fundamental rights, including equality and non-discrimination, and the role of the Constitutional Court in reviewing legislation.

Administrative law

Master the concepts of administrative act, discretion, and the grounds for annulment before the Council of State: lack of competence, procedural defect, violation of law, and misuse of power. Know the requirements of motivation of administrative acts and the principles of good administration (legitimate expectations, proportionality, legal certainty).

European law

Understand the direct effect and primacy of EU law, the distinction between regulations (directly applicable) and directives (requiring transposition), and the preliminary ruling mechanism. Know the Charter of Fundamental Rights and the role of the Court of Justice.

Traps

Questions test whether a directive can be invoked horizontally, and whether a national rule of public order can override EU law. Watch the difference between annulment and suspension before the Council of State, and the strict standing requirements.

Worked example

A citizen challenges a municipal decision refusing a permit. The Council of State does not review the merits of the choice but checks competence, procedure, motivation and legality. If the municipality failed to state reasons, the act is annulled even if the outcome was defensible.