After successfully completing the course, students will be able to
- analyse conflicts in land and planning law in their various dimensions;
- understand legal arguments of the supreme courts;
- write legally comprehensible and conclusive justifications in planning decisions and
- assess current legal problems in planning measures and evaluate proposals for solutions.
The course is the accompanying exercise for the lectures “Land Law and Spatial Planning Law I und II” and has the subtitle "Spatial planning in court". On the one hand, on the basis of selected findings of the Supreme Courts, typical conflicts in the area of planning law at the municipal and regional level will be discussed. In particular, constitutional problems in planning measures such as aspects of competence law, the principle of equality, the right to property or the principle of legality are considered. On the other hand, current planning law issues, such as urban development contracts or permissible regulations for shopping malls, are discussed. The students prepare themselves for the units by working intensively on the respective findings and share and discuss their considerations in the exercise.
Students are provided with various decisions of the Supreme Courts (VfGH, VwGH) that are relevant to spatial planning law and which they have to deal with independently on the basis of questions posed as preparation for the exercise units. The findings are than extensively discussed in the exercise units.
Necessary documents for each seminar unit are: “Erkenntnissammlung”.
The working documents are available for a contribution of € 4,00.
The documents can be collected from the Department of Land Policy and Land Managementfrom 08.10. onwards.
