6 questions on "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?
Because the exclusive power will almost always have impact on the freedom of citizens
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)
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)?
The freedom of the administrative authority to act independently from the law to a certain degree
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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