THE NETHERLANDS
Constitutional Law as the Basis of Dutch Administrative Law
- Dutch administrative law is based on the general rules and principles of Dutch
constitutional law.
The principle of legality requires that every administrative act that affects the
rights and freedoms of an individual has a statutory basis.
Sources of Administrative Law
SOURCES OF ADMINISTRATIVE LAW
Statutory law - GALA
- Legislation of Government and Parliament in cooperation
- Regulation of decentralised bodies
- Delegated legislation at the level of the central government
Case law - Unwritten legal standards that limit the discretionary
powers of government bodies and decentralised authorities
The Constitution - The Dutch system does not derive many of its administrative
rules from the Constitution
International Law - ECHR & ECtHR
- Other treaties (e.g. ICCPR)
EU law - EU law & ECJ
General Features of Dutch Administrative Law
Administrative Law
- Administrative law is the field of law that governs the exercise of powers by
public authorities.
- The various norms that can be found in this field of law essentially have two
functions:
1. To offer public authorities tools for organising society.
2. To offer citizens judicial protection against acts of the administration.
- The tools of the administration can be described on a general level and on a more
specific one.
The general features of the instruments available to public authorities can be
divided into two kinds of juridical acts: public law & private law juridical acts.
Public Law Juridical Acts
- Public law juridical acts are an expression of public authority and are intended to
have legal effect.
- We make a distinction between:
Statutes, i.e. formal legislation, adopted by Parliament
o They are considered to belong to the field of constitutional law and are not
ruled by the GALA.
Other public law juridical acts, ‘decisions’
Constitutional Law as the Basis of Dutch Administrative Law
- Dutch administrative law is based on the general rules and principles of Dutch
constitutional law.
The principle of legality requires that every administrative act that affects the
rights and freedoms of an individual has a statutory basis.
Sources of Administrative Law
SOURCES OF ADMINISTRATIVE LAW
Statutory law - GALA
- Legislation of Government and Parliament in cooperation
- Regulation of decentralised bodies
- Delegated legislation at the level of the central government
Case law - Unwritten legal standards that limit the discretionary
powers of government bodies and decentralised authorities
The Constitution - The Dutch system does not derive many of its administrative
rules from the Constitution
International Law - ECHR & ECtHR
- Other treaties (e.g. ICCPR)
EU law - EU law & ECJ
General Features of Dutch Administrative Law
Administrative Law
- Administrative law is the field of law that governs the exercise of powers by
public authorities.
- The various norms that can be found in this field of law essentially have two
functions:
1. To offer public authorities tools for organising society.
2. To offer citizens judicial protection against acts of the administration.
- The tools of the administration can be described on a general level and on a more
specific one.
The general features of the instruments available to public authorities can be
divided into two kinds of juridical acts: public law & private law juridical acts.
Public Law Juridical Acts
- Public law juridical acts are an expression of public authority and are intended to
have legal effect.
- We make a distinction between:
Statutes, i.e. formal legislation, adopted by Parliament
o They are considered to belong to the field of constitutional law and are not
ruled by the GALA.
Other public law juridical acts, ‘decisions’
