Lecture 4 Administrative Law

Question 1

administrative law

Answer 1

law that regulates the relationships between government and citizens. Mainly deals with the relationship between the executive branch and private persons.

Question 2

multilayer governance

Answer 2

administrative tasks jointly done by different layers of governance.

Question 3

territorial division

Answer 3

the division between several territorial
entities such as central government, regions, and municipalities.

Question 4

functional division

Answer 4

division by specific technical knowledge
such as Rijkswaterstaat, waterschappen, or British
Environment Agency

Question 5

legality principle

Answer 5

administration can only exercise powers that are assigned to it by law; the administration’s competence must have a basis in legislation.
The legislative branch assigns the administration with instruments to complete their tasks.

Question 6

procedural principles of administrative law

Answer 6

1. impartiality
2. right to be heard
3. principle to state reasons

Question 7

substantive principles of adminstrative law

Answer 7

4. prohibition of detournement du pouvoir
5. equality principles
6. principle of legal certainty
7. legitimate expectations
8. proportionality

Question 8

detournement du pouvoir

Answer 8

abuse of power, a person in power cannot use their power to pursue their own beliefs, these should be in accordance with the law.

Question 9

recours objectif

Answer 9

one of two ways an administration can be held accountable in court; has the administration acted within an objective standard?

Question 10

recours subjectif

Answer 10

second of two ways an administration can be held accountable in court; what about the individual’s legal position and the rights and competences they may have?