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What is administrative law?
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The division of law that governs the activities of administrative agencies of government.
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Competences under public law
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Exercised exclusively by public authorities
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The Administration within the trias politica
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The administration receives its powers from the legislature, executes this powers and is controlled by the judiciary
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Rule of Law
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The administration is at all times bound by the law
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Legiality principle
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Requires that the administration's competence to act must have basis in legislation
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Detorunement de pouvoir
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The administration is not allowed to use its competences for a different purpose that for which they have been conferred (substantive principle)
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impartiality principle
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The administration has to act impartially (procedural principle)
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Right to be heard
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Citizens have the right to be heard (procedural principle)
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The principle to state reasons
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Procedural principle
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The equality principle
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The decisions should not treat people unequally without having a legitimate reasons to do so (substantive principle)
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The principle of legal certainty
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Decisions should be clear and understandable (substantive)
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The principle that legitimate expectations raised by the administration should be honoured
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The administration should honour exceptions if the administration raised legitimate expectations that a certain decision would be taken (substantive)
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The proportionality principle
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The decisions should not negatively affect the interest of people mort than necessary to achieved its goal and should not lead to a disproportionate result (substantive)
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Recours objectif (continental Europe)
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The main aim of judicial protection against administrative behaviour is to check whether an administrative body has acted lawfully and within the scope of its powers.
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Recours subjectif (Continental Europe)
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The aim of judicial protection against administrative behaviour lies in the protection of the individual's legal position.
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Preliminary Objections
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Individuals first ask the administration to review the administrative measure before it gets brought to court.
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Legal systems who focuses on the agent (administrative disputes)
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Ex UK. Every dispute will be qualified as an administrative dispute if the action has been carried out by a body exercising public law functions.
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Legal systems who focus on the action (administrative disputes)
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Ex The Netherlands. Only disputes that are public law juridical acts that are not the creation or modification of rules are administrative disputes.
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Standing Requirements
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Recours objectif: the applicant only needs to have an interest
Recours subjectif: The applicant needs to proved that the action affects his rights
Recours subjectif: The applicant needs to proved that the action affects his rights
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Requirement for annulment
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The unlawful behaviour of the executive needs to consist of a juridical act
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