Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Administrative Law – Midterm Study Document (weeks 1-6)
Week 1: Introduction to the Course - Administrative Law and Regulation
What is administrative law?
Core definition and purpose
o Administrative law is the branch of public law that governs the relationship
between the state (specifically the executive/administration) and
individuals, ensuring that public power is exercised lawfully, fairly, and in
pursuit of the public interest. This means that whenever a public authority
makes decisions affecting citizens—such as granting licenses, imposing fines,
or providing benefits—administrative law determines both what the authority
is allowed to do (legal basis) and how it must do it (procedures followed)
o Administrative law has a dual function:
it enables the state to act effectively (for example, by allowing it to
regulate markets or provide services), meaning it gives public
authorities the legal powers necessary to regulate society, provide
services, and respond to problems
Limiting and controlling that power to prevent abuse and protect
individuals.
→ This duality is fundamental and explains why administrative law is
often described as balancing power and protection
o More concretely, administrative law:
Structures the organization of public administration (who does what
within the state apparatus)
Authorizes administrative action (what powers authorities have).
Limits those powers (through principles and procedures)
Protects citizens against misuse of power (through rights and judicial
review)
Administrative law as part of public law
Administrative law belongs to public law, which governs relationships where one
party (the state) exercises political authority over another (the citizen). This is
fundamentally different from private law, where parties interact as equals
In public law;
o The state has superior authority (vertical relationship)
o Individuals are in a position of subordination
o Therefore, strict legal safeguards are necessary to prevent abuse
This reflects a deeper philosophical idea, the principle of distribution:
o Individuals are, in principle, free unless restricted by law → freedom is the
default
o The state, however, can only act when explicitly authorized by law → power
is limited and must be justified
o → ensures that the state cannot act arbitrarily and must always justify its
actions
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Exam tip → This asymmetry (freedom vs. limited power) is a core conceptual
foundation and frequently tested
Why administrative law is necessary
Administrative law exists because of the structural imbalance/inequalities between
the state and individuals. Without legal constraints, the state could exercise its power
arbitrarily
The need for administrative law arises from several key asymmetries:
o Power asymmetry
Public authorities can act unilaterally, meaning they can change an
individual’s legal position without needing their consent. For example,
the state can grant or deny a driving license, impose a fine, or revoke a
benefit without negotiation
This places individuals in a position of inferiority and cannot easily
resist state decisions
This is fundamentally different from private law, where agreements
require mutual consent
Example: A driving examiner can decide whether you pass or fail. You
cannot negotiate this outcome like a contract
o Public interest justification
State action is justified by the pursuit of the public interest, meaning
collective goals such as safety, health, or economic stability
This distinguishes administrative law from private law, which is based
on individual interests and autonomy
Example: A driving license is required not for private benefit, but to
ensure road safety for everyone
o Monopoly powers of the state
The state has exclusive powers that individuals do not have, including:
Granting licenses (e.g., driving licenses).
Imposing sanctions (e.g., fines).
Providing welfare benefits.
Authorizing or prohibiting activities
Because there is no alternative provider, individuals cannot “opt out” of
state authority [choose other providers], they are dependent on the state
o Information asymmetry
The state often possesses more information about citizens than
citizens have about the state, esp. in the digital age
This creates risks such as;
Difficulty for individuals to challenge decisions,
Potential misuse of data,
Lack of transparency
How administrative law responds to these problems
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Administrative law constrains state power through:
o Legal principles
Principles such as legality and proportionality ensure that authorities
act within limits and do not go beyond what is necessary
o Procedural safeguards
Procedures such as the right to be heard ensure fairness in decision-
making; ensure that individuals can participate in decisions that affect
them
o Judicial control
Courts can review administrative decisions and correct abuses of power
o Key insight → Administrative law is not anti-state; it makes state power
legitimate and acceptable. These mechanisms together ensure that state
power is not arbitrary but legally controlled and justified
What does the administration do?
The administration as the “acting arm of the state”
o The administration is the part of the state that implements laws and policies
in practice. It is responsible for turning political decisions into real-world
actions
o Whenever “the state acts” in everyday life, it is almost always through the
administration. In everyday life, when people interact with “the state”, they are
almost always interacting with the administration
Typical functions of the administration
o The administration performs a wide range of functions, including:
It enforces laws, meaning it ensures that legal rules adopted by the
legislature are applied in practice
It issues policies and regulations, which provide detailed rules for
implementing legislation
It collects and processes information, which allows it to monitor
behavior and make informed decisions
It provides public services, such as healthcare, education, or
infrastructure
It monitors compliance, ensuring that individuals and companies
follow the rules, and enforce rules when violations occur
Administration v executive
o The administration is part of the executive branch, but they are not identical
o The executive consists of:
The government (political actors), which sets priorities and policies
and policy goals
The administration (technical bodies), which implements those
policies
o The key distinction:
Government = political and change-oriented
Administration = technical, stable, and bound by law
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Why administration is hard to define
o The administration performs extremely diverse tasks, making it difficult to
define precisely
o It is often defined negatively as:
Not the legislature,
Not the judiciary either
o Therefore, it is essentially described as the “residual category” of state
activity
Administration in crisis situations
o The administration becomes esp. important in times of crisis, such as
pandemics or financial crises, because it is the only part of the state capable of
acting quickly and effectively
o In such situations:
Decisions must be centralized
Immediate action is required
The administration plays a crucial role in managing risks and
preventing harm
o Example: During COVID-19, administrative bodies implemented health
measures, gathered data, and coordinated responses
Administrative law and regulation
The big picture
o Administrative law is closely linked to regulation, because much of what the
administration does involves regulating behavior
o Understanding administrative law requires understanding how and why
societies regulate
Why regulation matters
o Moden societies depend heavily on regulation, which influences everyday
activities such as:
The safety of food and water
The functioning of digital platforms
Financial systems and markets
o This shows that regulation is deeply embedded in daily life, even if people are
not always aware of it
Regulation as a multidisciplinary concept
o Regulation is not only a legal concept; it is studied across multiple disciplines,
including:
Law, economic, political science, sociology, management studies
o This multidisciplinary nature explains why:
There is no single definition
Different perspectives emphasize different aspects
What is regulation?
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Administrative Law – Midterm Study Document (weeks 1-6)
Week 1: Introduction to the Course - Administrative Law and Regulation
What is administrative law?
Core definition and purpose
o Administrative law is the branch of public law that governs the relationship
between the state (specifically the executive/administration) and
individuals, ensuring that public power is exercised lawfully, fairly, and in
pursuit of the public interest. This means that whenever a public authority
makes decisions affecting citizens—such as granting licenses, imposing fines,
or providing benefits—administrative law determines both what the authority
is allowed to do (legal basis) and how it must do it (procedures followed)
o Administrative law has a dual function:
it enables the state to act effectively (for example, by allowing it to
regulate markets or provide services), meaning it gives public
authorities the legal powers necessary to regulate society, provide
services, and respond to problems
Limiting and controlling that power to prevent abuse and protect
individuals.
→ This duality is fundamental and explains why administrative law is
often described as balancing power and protection
o More concretely, administrative law:
Structures the organization of public administration (who does what
within the state apparatus)
Authorizes administrative action (what powers authorities have).
Limits those powers (through principles and procedures)
Protects citizens against misuse of power (through rights and judicial
review)
Administrative law as part of public law
Administrative law belongs to public law, which governs relationships where one
party (the state) exercises political authority over another (the citizen). This is
fundamentally different from private law, where parties interact as equals
In public law;
o The state has superior authority (vertical relationship)
o Individuals are in a position of subordination
o Therefore, strict legal safeguards are necessary to prevent abuse
This reflects a deeper philosophical idea, the principle of distribution:
o Individuals are, in principle, free unless restricted by law → freedom is the
default
o The state, however, can only act when explicitly authorized by law → power
is limited and must be justified
o → ensures that the state cannot act arbitrarily and must always justify its
actions
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Exam tip → This asymmetry (freedom vs. limited power) is a core conceptual
foundation and frequently tested
Why administrative law is necessary
Administrative law exists because of the structural imbalance/inequalities between
the state and individuals. Without legal constraints, the state could exercise its power
arbitrarily
The need for administrative law arises from several key asymmetries:
o Power asymmetry
Public authorities can act unilaterally, meaning they can change an
individual’s legal position without needing their consent. For example,
the state can grant or deny a driving license, impose a fine, or revoke a
benefit without negotiation
This places individuals in a position of inferiority and cannot easily
resist state decisions
This is fundamentally different from private law, where agreements
require mutual consent
Example: A driving examiner can decide whether you pass or fail. You
cannot negotiate this outcome like a contract
o Public interest justification
State action is justified by the pursuit of the public interest, meaning
collective goals such as safety, health, or economic stability
This distinguishes administrative law from private law, which is based
on individual interests and autonomy
Example: A driving license is required not for private benefit, but to
ensure road safety for everyone
o Monopoly powers of the state
The state has exclusive powers that individuals do not have, including:
Granting licenses (e.g., driving licenses).
Imposing sanctions (e.g., fines).
Providing welfare benefits.
Authorizing or prohibiting activities
Because there is no alternative provider, individuals cannot “opt out” of
state authority [choose other providers], they are dependent on the state
o Information asymmetry
The state often possesses more information about citizens than
citizens have about the state, esp. in the digital age
This creates risks such as;
Difficulty for individuals to challenge decisions,
Potential misuse of data,
Lack of transparency
How administrative law responds to these problems
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Administrative law constrains state power through:
o Legal principles
Principles such as legality and proportionality ensure that authorities
act within limits and do not go beyond what is necessary
o Procedural safeguards
Procedures such as the right to be heard ensure fairness in decision-
making; ensure that individuals can participate in decisions that affect
them
o Judicial control
Courts can review administrative decisions and correct abuses of power
o Key insight → Administrative law is not anti-state; it makes state power
legitimate and acceptable. These mechanisms together ensure that state
power is not arbitrary but legally controlled and justified
What does the administration do?
The administration as the “acting arm of the state”
o The administration is the part of the state that implements laws and policies
in practice. It is responsible for turning political decisions into real-world
actions
o Whenever “the state acts” in everyday life, it is almost always through the
administration. In everyday life, when people interact with “the state”, they are
almost always interacting with the administration
Typical functions of the administration
o The administration performs a wide range of functions, including:
It enforces laws, meaning it ensures that legal rules adopted by the
legislature are applied in practice
It issues policies and regulations, which provide detailed rules for
implementing legislation
It collects and processes information, which allows it to monitor
behavior and make informed decisions
It provides public services, such as healthcare, education, or
infrastructure
It monitors compliance, ensuring that individuals and companies
follow the rules, and enforce rules when violations occur
Administration v executive
o The administration is part of the executive branch, but they are not identical
o The executive consists of:
The government (political actors), which sets priorities and policies
and policy goals
The administration (technical bodies), which implements those
policies
o The key distinction:
Government = political and change-oriented
Administration = technical, stable, and bound by law
, Administrative Law – Midterm Master Study Document
LL.B Global Law, Tilburg University (Year 2) Spring Semester 2026
Why administration is hard to define
o The administration performs extremely diverse tasks, making it difficult to
define precisely
o It is often defined negatively as:
Not the legislature,
Not the judiciary either
o Therefore, it is essentially described as the “residual category” of state
activity
Administration in crisis situations
o The administration becomes esp. important in times of crisis, such as
pandemics or financial crises, because it is the only part of the state capable of
acting quickly and effectively
o In such situations:
Decisions must be centralized
Immediate action is required
The administration plays a crucial role in managing risks and
preventing harm
o Example: During COVID-19, administrative bodies implemented health
measures, gathered data, and coordinated responses
Administrative law and regulation
The big picture
o Administrative law is closely linked to regulation, because much of what the
administration does involves regulating behavior
o Understanding administrative law requires understanding how and why
societies regulate
Why regulation matters
o Moden societies depend heavily on regulation, which influences everyday
activities such as:
The safety of food and water
The functioning of digital platforms
Financial systems and markets
o This shows that regulation is deeply embedded in daily life, even if people are
not always aware of it
Regulation as a multidisciplinary concept
o Regulation is not only a legal concept; it is studied across multiple disciplines,
including:
Law, economic, political science, sociology, management studies
o This multidisciplinary nature explains why:
There is no single definition
Different perspectives emphasize different aspects
What is regulation?
