Administrative appeals procedures / Hoger beroep in het bestuursrecht
This report in Dutch language with a summary in English was prepared at the request of the Ministry of Justice.
In administrative law in the Netherlands, usually an interested party can invoke the administrative review of a decision taken by an administrative authority. The decision in administrative review can be submitted to judicial review by the administrative law division of the district court. Rulings of the administrative law division of the district court can be appealed at a variety of higher courts including the ordinary Courts of Appeal in fiscal cases, the Central Court of Appeal in social security cases and in cases regarding civil servants, and the Council of State in all cases not reserved to any other court. The current research project addresses these appeals of rulings by administrative law divisions of district courts.
The purpose of the research project is to collect measurable data to assess the state of play in administrative law appeals in numerical terms and to perform a first data collection. For this purpose, first a measurement instrument was designed.
In about a quarter to a third of the cases the ruling of the administrative law division of the district court instance is overturned, in whole or in part. In the vast majority of the cases, a different view of the appellate court on the facts rather than on the law is given as reason for overturning the ruling in first instance.
Civilians rather than administrative bodies appear to be inclined to appeal against an unwelcome ruling by the administrative law division of the district court.
This report in Dutch language with a summary in English was prepared at the request of the Ministry of Justice.
In administrative law in the Netherlands, usually an interested party can invoke the administrative review of a decision taken by an administrative authority. The decision in administrative review can be submitted to judicial review by the administrative law division of the district court. Rulings of the administrative law division of the district court can be appealed at a variety of higher courts including the ordinary Courts of Appeal in fiscal cases, the Central Court of Appeal in social security cases and in cases regarding civil servants, and the Council of State in all cases not reserved to any other court. The current research project addresses these appeals of rulings by administrative law divisions of district courts.
The purpose of the research project is to collect measurable data to assess the state of play in administrative law appeals in numerical terms and to perform a first data collection. For this purpose, first a measurement instrument was designed.
In about a quarter to a third of the cases the ruling of the administrative law division of the district court instance is overturned, in whole or in part. In the vast majority of the cases, a different view of the appellate court on the facts rather than on the law is given as reason for overturning the ruling in first instance.
Civilians rather than administrative bodies appear to be inclined to appeal against an unwelcome ruling by the administrative law division of the district court.
Competition law and sustainability / Mededinging en transparantie: randvoorwaarden voor concurrentie en duurzaamheid
This report in Dutch language with a summary in English was prepared at the request of the Ministry of Economic Affairs
Competition law allows for many sustainability initiatives. Hard-core cartel agreements are strictly forbidden, but there is also a grey area in which the admissibility of sustainability initiatives depends on an economic analysis by the competition authority. This results in insecurity and regulatory burdens which may discourage initiative.
This report in Dutch language with a summary in English was prepared at the request of the Ministry of Economic Affairs
Competition law allows for many sustainability initiatives. Hard-core cartel agreements are strictly forbidden, but there is also a grey area in which the admissibility of sustainability initiatives depends on an economic analysis by the competition authority. This results in insecurity and regulatory burdens which may discourage initiative.
Freedom of Information / Algemene wet overheidsinformatie
At the request of the Dutch government I prepared a pre-proposal in Dutch language for a new Freedom of Information Act. The proposal aims to widen the scope of the current Act (known as Wob), modernise its structure and solve issues that have emerged. Currently a Bill introduced by members of parliament and accepted by the Second Chamber (House of Representatives) which is largely based on this proposal is pending in the Senate.
At the request of the Dutch government I prepared a pre-proposal in Dutch language for a new Freedom of Information Act. The proposal aims to widen the scope of the current Act (known as Wob), modernise its structure and solve issues that have emerged. Currently a Bill introduced by members of parliament and accepted by the Second Chamber (House of Representatives) which is largely based on this proposal is pending in the Senate.
Evaluation Animal experiments Act / Noodzakelijk kwaad: Evaluatie van de Wet op dierproeven
At the request of the Minister of Public Health we performed an evaluation of the Animal Experiments Act. The report, in Dutch language, concludes that the Act contributes to the protection of the intrinsic value of animals. A shortcoming is that in the ethical assessment of the necessity of experiments, no-one is authorised to speak for the animals concerned. Reduction of experiments requires a reassessment of legal safety assessment requirements. Transparency can be increased.
At the request of the Minister of Public Health we performed an evaluation of the Animal Experiments Act. The report, in Dutch language, concludes that the Act contributes to the protection of the intrinsic value of animals. A shortcoming is that in the ethical assessment of the necessity of experiments, no-one is authorised to speak for the animals concerned. Reduction of experiments requires a reassessment of legal safety assessment requirements. Transparency can be increased.
Skipping administrative review / Prorogatie in de Awb. Invoeringsevaluatie rechtstreeks beroep
In administrative law in the Netherlands, usually an interested party can invoke the administrative review of a decision taken by an administrative authority. The decision in administrative review can be submitted to judicial review by the administrative law division of the district court. In case where the administrative authority and interested parties agree that the only issue to be decided concerns the interpretation of the law, they can jointly decide to skip the administrative review and take the case to court immediately. At the request of the Ministry of Justice, we performed an evaluation. The evaluation report, in Dutch language, shows that parties are reluctant to use this option as it requires to give up one opportunity to plead the case.
In administrative law in the Netherlands, usually an interested party can invoke the administrative review of a decision taken by an administrative authority. The decision in administrative review can be submitted to judicial review by the administrative law division of the district court. In case where the administrative authority and interested parties agree that the only issue to be decided concerns the interpretation of the law, they can jointly decide to skip the administrative review and take the case to court immediately. At the request of the Ministry of Justice, we performed an evaluation. The evaluation report, in Dutch language, shows that parties are reluctant to use this option as it requires to give up one opportunity to plead the case.
Environmental Emergencies
We contributed a legal-empirical study in Dutch language on emergency powers to the evaluation of
environmental law in the Netherlands.
We contributed a legal-empirical study in Dutch language on emergency powers to the evaluation of
environmental law in the Netherlands.
| ongewonevoorvallen.pdf |