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: 4 artikelen
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, januari 2014 |
Auteurs | Albertjan Tollenaar Ph.D. |
Samenvatting |
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. |
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, augustus 2012 |
Auteurs | Ph.D. Albertjan Tollenaar |
SamenvattingAuteursinformatie |
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. |