A savoir

Question 1

Décision particulière

Answer 1

Undefined number of addresses in a concrete case

Question 2

Décision réglementaire

Answer 2

Abstract case, undefined number of addresses

Question 3

EN - Administrative act

Answer 3

1. Unilateral

2. Ordered by a public authority

Question 4

NL - Proportionality

Answer 4

Is used for both discretion and interpretation - But only proportionality is used

Question 5

FR - Standing for recours de pleine jurisdiction

Answer 5

The applicant’s rights must be violated

1. Addressee
2. Very difficult for other parties

Question 6

EN - Before you go to court

Answer 6

Always check:

1. Is there an appeal procedure? Must be done before going to court
2. Is there discretion? The judge can refuse the remedy if public interest

Question 7

EN - Do court proceedings have automatic suspensory effect?

Answer 7

Nope

Question 8

EN - What is a declaration? What is an injunction?

Answer 8

1. Declaration - To declare the legal positions of the parties, when no other remedy is available
2. Injunction - To compel the administration to carry out an action or to refrain from it - When there is no public law duty or when there is interim relief

Question 9

FR - What needs to be fulfilled to avoid procedural irregularity?

Answer 9

1. Duty to listen
2. Duty to giver reasons
3. Duty to explain

Question 10

EN - Grounds for review

Answer 10

1. Illegality:
   - Mistake of jurisdiction
   - Abuse of discretion
   - Failure to exercise discretion
2. Irrationality:
   - Unproportionality = Wednesbury unreasonableness
3. Procedural impropriety:
   - Breach of express procedural requirement
   - Breach of implied procedural requirement

Question 11

NL - Besluit

Answer 11

1. Decision - Unilateral, written
2. Ordered by a public authority - Can be private individuals vested with public powers
3. For the regulation of (= change) the legal sphere of an individual
4. Individual or general:
   - Individual = Order beschikking (to a specific addressee or a specific object)
   - General = Decision of general application
5. With direct external legal effect - No internal measure

Question 12

EN - Factortame

Answer 12

1. Strength of the case - Likelihood of success
2. Balance of interests (urgency, risk of damages, public interest)
3. Cross-undertaking of damages (Lumdson)

Question 13

NL - Damages

Answer 13

Are allowed put only if small