Administrative Law

Question 1

Legality Principle

Answer 1

• The administration’s competence to act must have a basis in legislation.
• The administration is not allowed to use its competences for a different purpose than that for which they have been conferred

Question 2

prohibition of Détournment de Pouvoir

Answer 2

binds the administration to legislature as the democratic representation of the people

Question 3

Administration within the Trias Politica

Answer 3

The administration receives its power from the legislator, executes them and is controlled by independent courts

Question 4

Function of administrative law

Answer 4

• Instrumental function

- Safeguarding function

Question 5

Principles of Administration Law

Answer 5

• the impartiality principle
• the right to be heard
• the principle to state reason
• the prohibition of détournment de pouvoir
• the equality principle
• the principle of legal certainty
• the principle that legitimate exceptions raised by the administration should be honored
• the proportionality principle

Question 6

Distinction of principles

Answer 6

• procedural

- substantive

Question 7

The view of administrative law in Europe

Answer 7

• Objectif: To check whether the administration has acted lawfully and within its bounds
• subjectif: To check if the administration injured the legal position of the claimant

Question 8

The view of administrative law in the UK

Answer 8

Until recently administration law did not exist int the UK, disputes were dealt by ordinary courts under private law

Question 9

Preliminary objection

Answer 9

Before a claim is brought before the administration court an individual needs to ask the administration to review the measures which violated his legal position

Question 10

Administrative review

Answer 10

appealing to a higher instance in the administration

Question 11

Remedies

Answer 11

• Recours objectif
• Recours subjectif
• Annulment
• Performance