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. |
Artikel |
|
Tijdschrift | Netherlands Administrative Law Library, maart 2016 |
Auteurs | Tina Sever en Polonca Kovac |
Samenvatting |
Artikel |
|
Tijdschrift | Netherlands Administrative Law Library, februari 2016 |
Auteurs | Lise Vandenhende, Brecht Warnez en Prof.dr. Ludo Veny |
Samenvatting |
Given the rise of mediation in other legal disciplines and the influence of the EU, the call for mediation is increasing in Belgian administrative practice. Several years ago, the legislature took the first steps towards mediation in the judicial administrative procedure. This contribution is a study of the existing forms of mediation with its limitations and possibilities. Taking these findings into account, a possible mediation framework, applicable in the Belgian legal system, is proposed. |
Artikel |
Een eerste statistische analyse van de toepassing van artikel 13b Opiumwet |
Tijdschrift | Netherlands Administrative Law Library, oktober 2015 |
Auteurs | Mr. dr. Michel Vols en Michelle Bruijn LLB |
SamenvattingAuteursinformatie |
Dutch local authorities are entitled to close down a building because of drug-related crime. After closure, occupiers are not allowed to live there for a while. The number of closures because of drug-related crime increases. Although the closure of a home is a most serious interference with the right to respect for one’s private life and home, the procedure has not been analyzed systematically. This paper provides the first statistic empirical analysis of litigation concerning drug-related closures of homes in the Netherlands. The paper contains some first conclusions about the characteristic features of cases about drug-related closures, based on the statistical analysis. The results show, inter alia, the relation between the type of drugs and the judicial decision. Moreover, the results provide insight in the line of reasoning of the mayor, occupiers and judge with regard to the closure of a home. |