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Comparative Administrative Law > Remedies > Flashcards

Flashcards in Remedies Deck (20):
1

Germany - Action for annulment

1. Against a Verwaltungsakt
2. It will be annulled

2

Germany - Action seeking the issuance of an administrative act

1. Against an omission or a refusal
2. To issue a Verwaltungsakt
3. If no discretion, the administration will issue
4. If discretion, the court can only ask the administration to look again

3

Germany - Byelaws and executive regulations

1. If provided by statute or if in the field of building law
2. Will be made invalid erga omnes

4

Germany - General action for performance

1. To compel the administration to act or not act with something else than a Verwaltungsakt

5

Germany - Action for declaration

1. Determine the existence of a legal relationship
2. Declare the nullity of an administrative act

6

Germany - Action for damages

Only in case there is an administrative law contract

7

France - Recours pour excès de pouvoir

1. On the legality of a décision or if there is silence for more than 2 months
2. Décision will be annulled or admin. will have to act
3. Only the legality of the decision is checked

8

France - Recours de pleine jurisdiction

1. If individual rights are at stake
2. Decision will be annulled/modified
3. Compensation will be awarded

9

England and Wales - Quashing order and prohibitory order

1. Decision will be quashed
2. To order the body to stop the action

10

England and Wales - Mandatory order

To compel the administration to carry out a public duty

11

England and Wales - 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

12

England and Wales - Declaration

To declare the legal positions of the parties, when no other remedy is available

13

England and Wales - Action for damages

Can not be asked alone

14

The Netherlands - Appeal

1. Besluit (or rejection of it or silence)
2. Decision will be annulled

15

France - Interim relief

Recours de pleine jurisdiction does not have suspensory effect:
1. Référé suspension - (i) urgency, (ii) irreversible consequences and (iii) illegality
2. Référé liberté - In case of breach of civil liberty
3. Référé conservatoire - Interim appropriate measures to protect the applicant - (i) urgent and (ii) serious

16

The Netherlands - Action for damages

1. Only for small claims
2. The administration will be forced to pay compensation

17

England and Wales - General

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

18

Germany - Interim relief

1. Action for annulment has automatic suspensory effect
2. Provisional order can be requested

19

Netherlands - Interim relief

1. Objection does not have suspensive effect
2. Interim relief can be requested if speed is of essence
3. Administrative loop - To enable the authority to give interim relief before the appeal procedure is over

20

England - Interim relief

1. Objection has no suspensory effect
2. If 'just and convenient', and injunction (to act or to refrain) will be ordered