The APR Award is awarded annually for each Flemish university to the student in the Master of Law programme who submits the best master's thesis. GIPLI member and FWO fellow Michiel Roels won the edition of academic year 2023-2024 for Ghent University. Michiel's thesis, written in Dutch under the supervision of promotor Marc Kruithof, deals with Belgian GEBOL liability (gelijkheid van burgers voor de openbare lasten). It is situated at the intersection between tort law and constitutional law.

GEBOL-liability is the liability of the government for its inherently lawful actions that result in disproportionate damage for a limited group of citizens or institutions. The Belgian Court of Cassation interprets this ground of liability as a strict liability. Through a comparative study with Dutch legal doctrine, Michiel reasons that it is more accurate to represent GEBOL-liability theoretically as a fault-based liability. By causing disproportionate damage to a limited group of citizens, the government disregards its constitutional duty to treat its citizens equally. The government's fault consists of a violation of the constitutional principle of equality.

More information?

• Comment to Michiel's post on LinkedIn
• Read Michiel's thesis in Dutch