Law 3101A/B Quiz: Netherlands administrative law

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26 Oct 2018
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Document Summary

Constitution no general source of administrative law (this is different in germany all the principle are derived from the constitution) Contentious part conflict between administrative and the citizen this is about judicial protection, judicial remedies . Non-contentious part decision taking process, not yet a conflict chapter 1-5 gala. International treaties e. g. eu law, international conventions (e. g. echr) Case law principles are developed in case law which are not stated in the gala. 3:2 principle of due care due care in the preparation of the decision the organs should gather all necessary information on the relevant facts and the interests to be considered formal requirement. Does not talk about the outcome of the case. 3:4 proportionality substantive requirement is concerned with the outcome of the case. 3:46 and 3:47 reasoning and the reasons should be stated in the notification of the decision. Legality closely related to the specificity principle. The rule of law developed in case law equality.