Zoekresultaat: 6 artikelen

x
De zoekresultaten worden gefilterd op:
Tijdschrift Netherlands Administrative Law Library x

    A cassation court traditionally has two tasks: a unifying task and a corrective task. The unifying task consists of verifying the internal legality of a lower court’s decision (the correct application and interpretation of the law by the lower courts). The corrective task refers to verifying the external legality of the lower court’s decision. The cassation court must ensure that the decisions of the courts concerned are in conformity with the requirements of proper administration of justice. This article focuses on the following question: is it necessary that the Belgian Council of State, acting in the capacity of a cassation court, performs both traditional tasks (corrective and unifying)? This is by no means self-evident, given the specific judicial structure in which the Belgian Council of State operates.


Elsbeth Loncke
Ph.D. at Hasselt University, Belgium, and attorney at the bar of Limburg, Belgium.

    The contribution assesses Germany’s better regulation system as quality assurance system. At first, the paper outlines the development of the system over the last years and describes its main characteristics. The introduction of the Nationaler Normenkontrollrat (National Regulatory Control Council) in 2006 can be seen as a cornerstone in this respect. The competency of the National Regulatory Control Council was extended in 2011 and a new concept of cost measurement of regulatory costs - compliance costs - was introduced. The new concept captures not only the costs arising from information obligations, but all compliance costs of a regulation. Secondly, the paper discusses the challenges to the better regulation system, in particular, those due to Germany’s federal structure providing in most legislative areas for a separation of actual law making at the federal level and execution of laws by the German Länder (and their municipalities).


Dirk Zeitz
Research Fellow at Deutsches Forschungsinstitut für öffentliche Verwaltung (FÖV).Contact details: Freiherr-vom-Stein-Str. 2, 67346 Speyer, Email: zeitz@foev-speyer.de, Phone: +49 (0)6232 654-301.

    In the theory, legislation and practice of regulation and conduct of administrative procedures, trends towards the concept of good administration can be detected at both supra- and national levels. Based on normative and comparative-legal analyses of Slovene (1999), Croatian (2009) and the EP Resolution (2013) administrative procedure acts (APAs), the article identifies user-oriented institutions that pursue the principles of good administration. Furthermore, it examines acceleration and braking mechanisms that influence the duration of procedures (e.g. setting and shortening time limits, positive fiction, preclusions, and enforcement of procedural errors, broader participation of affected parties, legal protection). Timely and efficient decision-making viewed as a human right with balanced protection of public and private legal interests is in fact crucial for achieving good administration. Hence, in conclusion, the authors propose selected changes de lege ferenda for the reregulation of APAs in Slovenia and beyond, in support of less excessive length of procedures.


Tina Sever

Polonca Kovac

    In judicial review of decisions of administrative authorities courts generally aim towards grounding a judgment on substantively true facts. Such a substantive truth is usually understood as meaning ’that which happened’. But how can true facts be established if the facts have not yet occurred and what implications does this have for judicial review in administrative procedures? In this article this question will be analysed by taking the Dutch Administrative Court’s review of merger decisions of the Dutch Competition Authority - using a substantively close copy of the European merger control assessment framework - as subject of analysis. Judicial review of the substantive assessment in merger control, including the prospective analysis involved and taking into account complexities of economic evidence, will be analyzed and set against the general aim of establishing substantive truth of facts.


Anna Dr. Gerbrandy Ph.D.
Dr. Anna Gerbrandy is associate professor in Public Economic Law at the Europa Institute, Utrecht University.

    Soft law is a necessity in modern public administration. On the verge of public bodies that execute administrative tasks various forms of soft law are applied. This article explores the many shapes of soft law in a continental European context. This results in the identification of a series of variables that are relevant for the legal effects of soft law. The article further focuses on the way policy rules, as a special form of soft law, are treated in the Dutch legislation.


Ph.D. Albertjan Tollenaar
University of Groningen Assistant Professor Department of Administrative Law and Public Administration
Article (without peer review)

Access_open The Law on Administrative Procedures in the Netherlands

Tijdschrift Netherlands Administrative Law Library, juni 2012
Auteurs prof. dr. Tom Barkhuysen, prof. dr. Willemien den Ouden en ">dr. Ymre E. Schuurmans
SamenvattingAuteursinformatie

    In this contribution the history of Dutch administrative law and the General Administrative Law Act (GALA) has been described, with a strong focus on administrative procedures. It sets out the the scope and structure of the act and highlights the main debates on codification of administrative procedure. Finally, it describes the impact of international and European law on Dutch administrative procedures. In conclusion the authors appreciate the uniformity and systematization that the GALA has brought, but place some critical remarks on the strong focus on the procedural side of decision-making, which may be at the expense of the substantive review of orders.


prof. dr. Tom Barkhuysen
All authors work at the Constitutional and Administrative Law Department of Leiden University; Tom Barhuysen and Willemien den Ouden as Professors in Constitutional and Administrative law, Ymre Schuurmans as an Associate Professor. Tom Barkhuysen is also a practising member of the Amsterdam Bar at Stibbe. The authors can be contacted at y.e.schuurmans@law.leidenuniv.nl.

prof. dr. Willemien den Ouden
All authors work at the Constitutional and Administrative Law Department of Leiden University; Tom Barhuysen and Willemien den Ouden as Professors in Constitutional and Administrative law, Ymre Schuurmans as an Associate Professor. Tom Barkhuysen is also a practising member of the Amsterdam Bar at Stibbe. The authors can be contacted at y.e.schuurmans@law.leidenuniv.nl.

">dr. Ymre E. Schuurmans
All authors work at the Constitutional and Administrative Law Department of Leiden University; Tom Barhuysen and Willemien den Ouden as Professors in Constitutional and Administrative law, Ymre Schuurmans as an Associate Professor. Tom Barkhuysen is also a practising member of the Amsterdam Bar at Stibbe. The authors can be contacted at y.e.schuurmans@law.leidenuniv.nl.
Interface Showing Amount
U kunt door de volledige tekst zoeken naar alle artikelen door uw zoekterm in het zoekveld in te vullen. Als u op de knop 'Zoek' heeft geklikt komt u op de zoekresultatenpagina met filters, die u helpen om snel bij het door u gezochte artikel te komen. Er zijn op dit moment twee filters: rubriek en jaar.