The Regulation of Architects in Belgium and the Netherlands

This book discusses and compares the different legal and economic aspects of the regulation of architects in Belgium and the Netherlands . It also discusses EU legislation and case law on the free movement of architects in and to the European Union.


Author(s):
Sarah Schoenmaekers
Series:
Ius Commune Europaeum
Volume:
89
book | published | 1st edition
October 2010 | xxii + 544 pp.

Paperback
€92.-


ISBN 9789400001251


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Details

This book discusses and compares the regulation of architects in Belgium and the Netherlands. It analyzes who is allowed to use the title and to practise the profession of architect in both countries. Since the European Union has created rules on whether architects are allowed to use their title and to practise their profession in other Member States, this book also discusses EU legislation and case law on the free movement of architects in and to the European Union. The contractual liability of architects working in Belgium, including the legal liability period of ten years for serious defects, which starts to run after acceptance of the works, is assessed and compared with the liability of architects in the Netherlands, which is often determined and limited by standard terms. The book also contains an economic analysis of the regulation of architects in both states. In this regard it is discussed to what extent the Belgian and Dutch regulations are necessary and proportional to achieve the goals set. It will be demonstrated that the intensity of public regulation is not necessarily related to the intensity of the contractual obligations and responsibilities of architects. Finally, this book aims to determine whether the Dutch or the Belgian combination of regulations and contract law provisions is most cost-efficient from an economic point of view.


About the author:

Sarah Schoenmaekers (1983) studied law at the European Law School of Maastricht University. She participated at the René Cassin European Human Rights Moot Court Competition in Strasbourg in 2005, in which her team was qualified as the best non-native French speaking European team. After graduating in 2005, she took the Flemish Bar Exam and began her career as a lawyer in Belgium. During her traineeship Sarah Schoenmaekers started to write a PhD dissertation about the regulation of architects in Belgium and the Netherlands. Since 2009 she is teaching several courses, under which substantive European Union law, at Maastricht and Hasselt University. She is a full member of the Bar of Tongeren.

Chapters

Table of Contents (p. 0)

CHAPTER 1: INTRODUCTION (p. 1)

CHAPTER 2: THE ARCHITECT (p. 13)

PART I: THE REGULATION OF ARCHITECTS IN THE EUROPEAN UNION

CHAPTER 3: PUBLIC REGULATION OF ARCHITECTS AT EUROPEAN UNION LEVEL (p. 43)

PART II: THE REGULATION OF ARCHITECTS ON A NATIONAL LEVEL

CHAPTER 4: THE REGULATION OF ARCHITECTS IN THE LOW COUNTRIES (p. 201)

PART II: THE REGULATION OF ARCHITECTS ON A NATIONAL LEVEL - A.THE REGULATION OF ARCHITECTS IN BELGIUM

CHAPTER 5: PUBLIC LAW IN BELGIUM (p. 207)

CHAPTER 6: CONTRACT LAW IN BELGIUM (p. 261)

PART II: THE REGULATION OF ARCHITECTS ON A NATIONAL LEVEL - B. THE REGULATION OF ARCHITECTS IN THE NETHERLANDS

CHAPTER 7: PUBLIC LAW IN THE NETHERLANDS (p. 303)

CHAPTER 8: CONTRACT LAW IN THE NETHERLANDS (p. 337)

PART II: THE REGULATION OF ARCHITECTS ON A NATIONAL LEVEL - C. THE REGULATION OF ARCHITECTS IN BELGIUM VS. THE NETHERLANDS

CHAPTER 9: COMPARISON OF THE SITUATION OF ARCHITECTS IN BOTH COUNTRIES (p. 375)

PART II: THE REGULATION OF ARCHITECTS ON A NATIONAL LEVEL - D. REGULATION OF ARCHITECTS IN OTHER EU MEMBER STATES

CHAPTER 10: COMPARISON OF THE SITUATION OF DUTCH AND BELGIAN ARCHITECTS WITH OTHER EU ARCHITECTS (p. 383)

PART III: ECONOMIC ANALYSIS OF THE REGULATION OF ARCHITECTS

CHAPTER 11: THE ARCHITECTURAL PROFESSION: AN ECONOMIC APPROACH (p. 393)

CHAPTER 12: FINAL CONCLUSIONS (p. 473)

SAMENVATTING (p. 501)

RÉSUMÉ (p. 507)

BIBLIOGRAPHY (p. 513)

CURRICULUM VITAE (p. 541)

IUS COMMUNE EUROPAEUM (p. 543)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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