Administration law

Question 1

Admin law

Answer 1

governs the exercise of powers by public authorities in two functions; the first one is to offer public authorities tools for organising society and second is to offer judicial protection against acts of administration for citizens

Question 2

dutch admin law

Answer 2

is based on the general rules and principles of Dutch constitutional law specifically rules of law (legality), the recognition of fundamental rights and balance of powers.

general rule–> governmental act must be based on a statute that aims to help for public law juridical acts of admin authorities.

legality –> requires that every administrative act that affect the rights and freedoms of an individual has a statutory basis (art 4:23 GALA)

Question 3

Administrative fine is what type of order?

Answer 3

It is an administrative decision art 1:3 (2) GALA.

because in;
art. 1:3 (1) GALA
there is admin authority
–> the minister/ or other roles is invested in admin authority 1:1 (1) GALA
it is a public law act; where the person with authority has an exclusive competence and there is a change in legal reality, namely a obligation to pay a fine.

Question 4

requirements of an order

Answer 4

must be written
decision has to come from an administrative authority
constitutes a public law act
ARTICLE 1:3 (1)

Question 5

types of administrative order
POLICY RULE

Answer 5

ART 1:3 AND 1:4
–> general rule concerning the weighing of interests, determining facts or interpretation of statutory legislation rule.
binding if rules are made public , sometimes deviation is possible as it will exercising its discretionary power which is determined by authority. Deviation is possible.

Question 6

types of administrative order
GENERAL BINDING REGULATION

Answer 6

ART 1:3 and 1:2 GALA
–> general rule
–> capacity of repeated application
–> no deviation possible
–> independent regulation

ex. waterboard regulations concerning the general on other regulations

Question 7

types of administrative order
ADMINISTRATIVE MEASURES

Answer 7

ART 1:3
–> lack of independence requires GBR
–> fills in range of GBR (time, place, object)

ex. parks where your dog does not have to be on a leas

Question 8

types of administrative order
ADMINISTRATIVE DECISION

Answer 8

ART 1:3 AND ART 1:2
–> not of general nature
–> aimed at specific person or object
–> creates right or duty or changes legal status
–> favourable to not get a permit or unfavourable

ex. permit to be a street musician