The Political and Legal Nature of Public Policy - The Legal Nature of The Policy Cycle - Legal protection of citizens
6 important questions on The Political and Legal Nature of Public Policy - The Legal Nature of The Policy Cycle - Legal protection of citizens
Why have citizens have the right to dispute and order from the administrative authority?
Which 2 options can the citizen to proceed?
- Adminstrative judge
- Civil court (when the conflict with a body is not and Awb administratie authority)
What is done to decrease the work pressure on bestuursrechters?
- First file an objection (bezwaarschrift)
- When results unsatisfactory: go to administrative court (bestuurrechter)
- When unsatisfactory: appeal to judge (hoger beroep)
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In what does the objection procedure differ from appeal to court?
- In objection, the administrative authority judges the objection themself
- In court, a judge decides
- In objection, appropriateness and legality of decision is reassessed
- In court, only legality is reassessed
What is discretionary power (juridische beleidsvrijheid)?
What are the consequences of discretionary power for the decision of a judge?
- The judge has to respect the freedom. The judge can only assess the legality and therefore decide if the authority had become to a reasonably decision (marginale toetsing)
- The administration can attach instructions to a permit
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