By the VAR Association for Administrative Law more than four years ago, a committee was established to describe the (expected) influence of the general administrative law rules and principles being developed at the European Union level on the theory and practice of Dutch general administrative law. This Committee on Europeanization of General Administrative Law was headed by Prof. R.J.G.M. (Rob) Widdershoven , Professor of European Administrative Law and Administrative Law Attorney General. The committee recently published the report Europe and General Administrative Law. Citizen and administration in the common legal order released.
The editors of the Nederlands Tijdschrift voor Bestuursrecht (NTB) asked Ernst Plambeck among others, to reflect on this report. The report takes as its starting point two proposals for a European General Administrative Law Act (European Awb) and the legal principles laid down and further developed in these proposals. In his contribution, Ernst discusses the report and raises the question of whether more attention should not have been paid to the Union law principle of effective legal protection. In his contribution, he indicates that this principle is also reflected in the two proposals for a European Awb. Because the committee’s report proposes adjustments in the context of, for example, the preparation of decision-making, the committee should, in his opinion, also have looked at the consequences of the proposed adjustments for Chapters 6 through 8 of the General Administrative Law Act.
In his contribution, Ernst illustrates this using the Pigs in Distress ruling of the European Court of Justice, discussed in this blog, eand its effect in rulings of the highest general administrative court, the Administrative Law Division of the Council of State (see this blog). He indicates that the Dutch courts seem to have an eye for the principle of effective legal protection. In his opinion, it would be preferable to include the proposed changes in the preparation of decision-making in terms of legal protection in the General Administrative Law Act as well. He indicates that it is not desirable to leave this legal protection to the civil courts.
See the full contribution in the NTB here.