CAL REVISION – NL
1. What is an “administrative decision” (Besluit) and where is it defined?
It is defined in Article 1:3(1) of the GALA as: ‘A written ruling of an administrative authority
constituting a public law deed’.
2. How can an administrative act be distinguished from other forms of
administrative action?
The following elements distinguish a Besluit from other forms of administrative action.
Broader concept than German administrative act!
Decision → unilateral act ≠ bilateral and consensual measures
By an administrative organ → defined in GALA (legal entities established under
public + private parties vested with public powers)
Of a juridical nature → ability to change in positive/negative the legal sphere of an
individual ≠ factual acts
On an individual case (order)/general nature (generally applicable regulation, policy
rule or concrete norm)
o Order = determined number of addressees
o Generally applicable regulation = a decision of general application which
regulates the rights and obligations of citizens in general (in terms of time,
place and persons!)
o Policy rule = a decision of general application that guides the administration in
the exercise of its discretion
o Concrete norm = concretises a generally applicable regulation
With external/internal effects
Exercise of public law!
3. Contracts
Private law contracts → only if objective cannot be achieved through public powers
No administrative law contracts as such! However, competence contracts, contracts that deal
with the exercise of public law powers
4. Principle of legitimate expectations
The principle which requires executive authorities to fulfil if at all possible the justified
expectations created by them. Based on case law + some codification GALA.
General criteria for withdrawal of administrative acts developed by the courts:
Weighing of interest → community v. individual
Careful preparation → interested party must be heard regarded the withdrawal (art. 4:8
GALA), duty of care (art. 3:2 GALA) and right of defence (art. 4:8 GALA).
Specific criteria for withdrawal of unlawful administrative acts (case law):
1. What is an “administrative decision” (Besluit) and where is it defined?
It is defined in Article 1:3(1) of the GALA as: ‘A written ruling of an administrative authority
constituting a public law deed’.
2. How can an administrative act be distinguished from other forms of
administrative action?
The following elements distinguish a Besluit from other forms of administrative action.
Broader concept than German administrative act!
Decision → unilateral act ≠ bilateral and consensual measures
By an administrative organ → defined in GALA (legal entities established under
public + private parties vested with public powers)
Of a juridical nature → ability to change in positive/negative the legal sphere of an
individual ≠ factual acts
On an individual case (order)/general nature (generally applicable regulation, policy
rule or concrete norm)
o Order = determined number of addressees
o Generally applicable regulation = a decision of general application which
regulates the rights and obligations of citizens in general (in terms of time,
place and persons!)
o Policy rule = a decision of general application that guides the administration in
the exercise of its discretion
o Concrete norm = concretises a generally applicable regulation
With external/internal effects
Exercise of public law!
3. Contracts
Private law contracts → only if objective cannot be achieved through public powers
No administrative law contracts as such! However, competence contracts, contracts that deal
with the exercise of public law powers
4. Principle of legitimate expectations
The principle which requires executive authorities to fulfil if at all possible the justified
expectations created by them. Based on case law + some codification GALA.
General criteria for withdrawal of administrative acts developed by the courts:
Weighing of interest → community v. individual
Careful preparation → interested party must be heard regarded the withdrawal (art. 4:8
GALA), duty of care (art. 3:2 GALA) and right of defence (art. 4:8 GALA).
Specific criteria for withdrawal of unlawful administrative acts (case law):
