This article on the usefulness of a general codification of administrative law forms the closing contribution of a NALL-special. In this special, various authors have reflected on the successfulness of a broad codification process in 1998, which introduced rules on the notification of decisions, policy rules, subsidies, enforcement and supervision of administrative authorities in the Dutch General Administrative Law Act (GALA). The editors asked the contributors whether the objectives of the rules introduced were met and how the rules turned out to function in practice. In this overarching article, the NALL-editors reflect on the general lessons to be learned for the GALA-legislator. In these lessons they also take into consideration the initiatives for a law of administrative procedure of the European Union. |
Zoekresultaat: 6 artikelen
De zoekresultaten worden gefilterd op:Tijdschrift Netherlands Administrative Law Library x
Article (without peer review) |
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Tijdschrift | Netherlands Administrative Law Library, februari 2014 |
Auteurs | Rolf Ortlep, Willemien den Ouden, Ymre dr. Schuurmans Ph.D. e.a. |
SamenvattingAuteursinformatie |
Article (peer reviewed) |
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Tijdschrift | Netherlands Administrative Law Library, december 2013 |
Auteurs | Prof.mr.drs. Lex Michiels |
Samenvatting |
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. |
Article (without peer review) |
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Tijdschrift | Netherlands Administrative Law Library, december 2013 |
Auteurs | Mr. Hansko Broeksteeg |
SamenvattingAuteursinformatie |
This contribution scrutinizes the effect of the General Administrative Act (Algemene wet bestuursrecht) on the doctrine of administrative supervision (bestuurlijk toezicht), especially on the (governmental) power of spontaneous annulment (spontane vernietigingsrecht) towards local authorities. In 1998 the legal provisions concerning administrative supervision have been transferred from the Local Government Act (Gemeentewet) to the General Administrative Act. Since then the doctrine was subject to several major changes, from which the 2006 Policy document on spontaneous annulment (Beleidskader spontane vernietiging) and the 2012 Act on re-vitalizing general supervision (Wet revitalisering generiek toezicht) are the most important. The provisions from the General Administrative Act concerning administrative supervision have hardly been changed; case law concerning spontaneous annulment mainly concerned the interpretation of the Policy documents. The provisions regarding administrative supervision and laid down in the General Administrative Act, can therefore be seen as of constant value of administrative supervision. |
Article (peer reviewed) |
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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. |
Article (without peer review) |
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Tijdschrift | Netherlands Administrative Law Library, november 2012 |
Auteurs | Annemarie Drahmann |
SamenvattingAuteursinformatie |
In its Betfair judgment, the Court of Justice ruled that the exclusive license system with respect to games of chance under Dutch law breaches Article 49 of the EC, now: Article 56 of the TFEU, concerning the free movement of services, and in particular the principle of equal treatment and the obligation of transparency. This article addresses the lessons which can be drawn from this judgement and which Dutch legal concepts could be applied to this 'European' obligation of transparency. According to the judgement, this is not only the case for 'public contracts'and 'concessions', but also to licenses under public law. This article addresses the meaning of these legal concepts and discusses to what extent this 'European' obligation of transparency applies to the relevant Dutch legal concepts. |
Article (peer reviewed) |
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Tijdschrift | Netherlands Administrative Law Library, juni 2012 |
Auteurs | Laura Di Bella |
SamenvattingAuteursinformatie |
This publication discusses all aspects of causal connection between damages and unlawful governmental decisions. |