A compilation of all the necessary articles from the readers, categorised by subject and week, with brief explanations of what each article entails. This summary is the perfect study material for those who do not want to spend the time ploughing through 100s of pages of redundant information. These...
LLS Notes- Important Articles
Week 2- Constitution
Art. 24: System of govt. (NL)
o Constitutional monarchy
Art. 42: Position of King
Art. 120: No Constitutional review
Trias Politica
Art. 81: Legislative branch
Art. 42, 89, 97, 131: Executive branch
Arts 112-113: Judiciary
Week 3-GALA
Administrative Authority
Art. 1:1(1)
o (a): organ of legal entity established under public law
o (b): another person/body vested with any public authority
Established under private law
Art. 1:1(2): Exception
Orders
Art. 1:3: General characteristics:
o Written
o By admin. authority
o Constituting a public law act
Art. 1:3(2): Rejection of an application still a decision
Enforcement + Sanctions
Art 5:2 (1)(b)+(c): Types of sanctions
o Punitive
o Reparatory
Art. 5:21: Coercive action for physical action (conditional sanction)
o Threat= order for the protection of the people
o Not an order due to the fact that it’s a physical deed
Arts 5:1, 5:2 (1)(b), 5:31(d): Coercive penalty payment (conditional sanction)
Procedure to Reach Admin. Court
1. Art. 8:2: Appealable order
2. Art. 1:2: Interested party
3. Preliminary Procedure: Examination of judicial + functional correctness
Litigation (Appeal In Court)
Admin. Proceedings
Civil Proceedings
, o Private dispute OR
o If criteria for appealing to admin. judge not met
General Rule (Which Court has Jurisdiction):
o Art. 73 C: ‘Council of State Admin. Law Division’ if not stated otherwise in
the law
o Central Appeals Court: For laws related to social security
o Trade and Industry Court: For economic laws
Week 4- Criminal Law
Arts 16 C, 1 CC, 7 ECHR: Legality principle
Defences
Unlawfulness (Sr):
o Art. 40: Force-majeur (necessity)
o Art. 41(1): Self-defence
o Art. 42: Performance of legal duty
o Art. 43(1): Compliance with authorized official order
Guilt (Sr):
o Art. 40: Necessity in the form of duress
o Art. 41(2): Unreasonable use of self-defence
o Art. 39: Mental disorder
o Art. 43(2): Compliance with unauthorized official order
End of Criminal Case
Arts 348-352 Sv: Preliminary + Fundamental Questions
Preliminary Q’s:
1. Are the summons valid?
2. Is the court competent?
3. Does the prosecutor have the right to institute proceedings?
o Art. 69 Sr: Defendant not deceased?
o Art. 70 Sr: Charge not extinguished by limitation?
o Art. 68 Sr: No double prosecution? (doesn’t count for prelim. Q’s)
o Art. 486 Sr: Defendant not under 12 years?
4. Are there grounds for suspension of the prosecution?
o Art. 16 Sv: Defendant mentally capable of being tried?
Fundamental Q’s:
1. Are charges proven?
2. Do the proven facts fall within the scope of a statutory offence?
3. Is the defence punishable?
o Are there legitimate justifications?
4. Which sanction should be imposed?
o Principal penalties= imprisonment/ custody/ fine/ community service
o Additional penalties= making judgement public/ revocation of certain rights
Week 5- International Law
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller PElyash. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.20. You're not tied to anything after your purchase.
