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Comparative Administrative Law > A savoir > Flashcards

Flashcards in A savoir Deck (13):
1

Décision particulière

Undefined number of addresses in a concrete case

2

Décision réglementaire

Abstract case, undefined number of addresses

3

EN - Administrative act

1. Unilateral
2. Ordered by a public authority

4

NL - Proportionality

Is used for both discretion and interpretation - But only proportionality is used

5

FR - Standing for recours de pleine jurisdiction

The applicant's rights must be violated

1. Addressee
2. Very difficult for other parties

6

EN - Before you go to court

Always check:
1. Is there an appeal procedure? Must be done before going to court
2. Is there discretion? The judge can refuse the remedy if public interest

7

EN - Do court proceedings have automatic suspensory effect?

Nope

8

EN - What is a declaration? What is an injunction?

1. Declaration - To declare the legal positions of the parties, when no other remedy is available
2. Injunction - To compel the administration to carry out an action or to refrain from it - When there is no public law duty or when there is interim relief

9

FR - What needs to be fulfilled to avoid procedural irregularity?

1. Duty to listen
2. Duty to giver reasons
3. Duty to explain

10

EN - Grounds for review

1. Illegality:
- Mistake of jurisdiction
- Abuse of discretion
- Failure to exercise discretion
2. Irrationality:
- Unproportionality = Wednesbury unreasonableness
3. Procedural impropriety:
- Breach of express procedural requirement
- Breach of implied procedural requirement

11

NL - Besluit

1. Decision - Unilateral, written
2. Ordered by a public authority - Can be private individuals vested with public powers
3. For the regulation of (= change) the legal sphere of an individual
4. Individual or general:
- Individual = Order beschikking (to a specific addressee or a specific object)
- General = Decision of general application
5. With direct external legal effect - No internal measure

12

EN - Factortame

1. Strength of the case - Likelihood of success
2. Balance of interests (urgency, risk of damages, public interest)
3. Cross-undertaking of damages (Lumdson)

13

NL - Damages

Are allowed put only if small