Access to court Flashcards Preview

Comparative Administrative Law > Access to court > Flashcards

Flashcards in Access to court Deck (21):
1

Germany - When is the administrative court competent?

1. On all public law disputes unless it is specifically allocated to another court by statute
2. For damages, if it arises from unilateral action or from a contract under public law

2

Germany - Court structure

1. Administrative Court of First Instance
2. Higher Administrative Court
3. Federal Adminsitrative Court

3

Germany - Is there an objection procedure?

1. Yes! Mandatory unless inaction, statutory provision says otherwise, the act was taken by a higher Federal or State authority or the decision affects a 3rd party
2. Addressed to the administration which issued the decision
3. Within 1 month from notification
4. If justified, can bring to redress

4

Germany - What are the time limits?

1. 1 month from the notification of the decision
2. The administration has 3 months to make a decision
3. Unless it was not the individual's fault that he was late or that the applicant was not properly informed about remedies (1 year than)

5

Germany - What are the conditions for standing?

If your objective rights have been violated:
1. As an addressee
2. 3rd party if you can prove that your right has been violated

6

France - When is the court competent?

1. Public service
2. Using the prerogatives of a public power
3. Prescribed in statutory law
4. Administrative contracts

7

France - What is the Court Structure?

1. Administrative Court of First Instance
2. Administrative Court of Appeal
3. Conseil d'État

8

France - Is there an objection procedure?

1. Recours pour excès de pouvoir (= annulment):
- Not mandatory
- Recours gracieux - Sent to the same authority v. recourse hiérarchique - sent to a higher authority
2. Recours de pleine jurisdiction (anything else but annulment):
- Objection procedure obligatory
- The administration will issue a 'décision préalable' which can then be challenged

9

France - What are the time limits?

1. 2 months from publication or notification (for both objection and decision)
2. The administration has 2 months to decide
3. Unless the delay is due to excusable mistake

10

France - What are the conditions for standing? Recours pour excès de pouvoir

The applicant must have an intérêt à agir (ideological, moral, collective...)

1. Addressee
2. 3rd parties if interest is:
- Sufficient
- Direct
- Actual
- Certain

11

England and Wales - When will the administrative courts be competent?

1. Decision, action or failure to act in relation to the exercise of a public law function
2. Datafin - If a body exercises public law function or if its functions have public law consequences
3. Damages may not be sought alone

12

England and Wales - What is the court structure?

1. Administrative Court
2. Court of Appeal
3. Supreme Court

13

England and Wales - Is there an objection procedure?

Not mandatory

14

England and Wales - What are the time limits?

1. No longer than 3 months unless good reason for delay

15

England and Wales - What are the requirements for standing?

1. Claimant must show sufficient interest:
- Addressee
- 3rd parties if they have an interest
- Others must show that they have an interest through reputation and activities

16

The Netherlands - When will the administrative courts be competent?

1. If it is a besluit (includes refusal and failure to act)
2. Unless it is excluded by statutory law
3. Contracts go to ordinary courts

17

The Netherlands - What is the court structure?

1. District Courts
2. Appellate courts:
- Central Appellate Court - Social security
- High Administrative Court for Trade and Industry
- Council of State has residual competence

18

The Netherlands - Is there an objection procedure?

1. Mandatory unless mutual consent, inaction or provided by law
2. Sent to the administration who took the decision
3. 6 weeks from notification

19

The Netherlands - What are the time limits?

1. 6 weeks from notification (for both decision and objection)
2. The administration has 6 weeks to decide on the objection (12 if advice by a committee)
3. The administration has 8 weeks to issue a decision

20

The Netherlands - What are the requirements for standing?

1. Parties whose interests are directly involved in a decision:
- Addressees
- 3rd parties - Personal, direct, actual and objective
- Associations? If general and collective interest + Objective and factual activities

21

France - What are the conditions for standing? Recours de pleine jurisdiction

The applicant's rights must be violated

1. Addressee
2. Very difficult for other parties