Zoekresultaat: 4 artikelen

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    The codification of policy rules is based on the assumption that public authorities will adopt their policy in policy rules and that judges will use these policy rules when assessing individual decisions. However, codification might have side effects, like the existence of rules that do not meet the criteria of policy rules. This article examines the extent to which the objectives of the legislator have been achieved. It is concluded that public bodies indeed adopt policy rules more and more, but that these rules do not always meet the standards. Administrative courts appear to use rules when assessing decisions, but do not seem to follow the scheme as laid down in the GALA. The codification resulted in a complexity of rules, but this complexity does not hamper judicial review. After all: the judicial review is centered on the individual decision, not so much on the nature of the applied rule.


Albertjan Tollenaar Ph.D.

    In 1998 a chapter on administrative enforcement was added to the GALA (in the so-called third Tranche). This contribution reflects on the legislative aims of this Tranche; to what extent these aims have been attained and what important developments have occurred since. As the third Tranche has led to little reform, a brief review will suffice. The developments after the third Tranche are discussed extensively, concerning both the third Tranche - amongst others the obligation in principle to enforce ('beginselplicht tot handhaving') - and reparatory sanctions since the fourth Tranche (2009), which amongst others regulated the execution of administrative reparatory sanctions and added regulation on administrative fines (a punitive sanction). Additionally, more general provisions of administrative law enforcement are discussed. The development of administrative enforcement are reflected against general developments in administrative law, such as harmonization and the increase of litigation. Lastly some bottlenecks will be noticed and solutions proposed.


Prof.mr.drs. Lex Michiels
Article (peer reviewed)

Peer_reviewedAccess_open Ontdubbelde handhaving

Tijdschrift Netherlands Administrative Law Library, september 2013
Auteurs Albertjan Tollenaar PhD.
Samenvatting

    With the aim to reduce administrative burden for supervised many inspections are 'deduplicated': similar groups of citizens are treated similarly and similar activities are carried out in the same way within one organization. Deduplication should increase flexibility within the inspection as inspectors are able to fulfill their job in any domain. Deduplication is based on the fulfillment of two conditions. The first is that the enforcement tools, or the powers that perform these inspections, are not too different. The second relates to the use of these instruments that has to be somewhat uniform as well. These conditions are assessed in a case study of the Transport and Water Management Inspectorate. It is concluded that in particular the style of rule enforcement differs and is not easy to standardize.


Albertjan Tollenaar PhD.

    This publication discusses all aspects of causal connection between damages and unlawful governmental decisions.


Laura Di Bella
: Laura Di Bella is als PhD. fellow verbonden aan de afdeling Staats- en bestuursrecht van de Universiteit Leiden. Zij doet onderzoek naar de bijzondere positie van de overheid in het onrechtmatigedaadsrecht.
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