Week 12

• Rule of Law: the executive is bound by the law
• The executive has to respect fundamental rights
• The executive has to apply general principles of Administrative Law
• The Legislature gives competence to the executive
• The Executive is bound by the general framework
• The Courts check whether the executive obeyed the limits of the Principle of Legality: boundaries of the competences
• Fundamental rights and several general principles of administrative law guide the decision-making process
• Courts can check whether the administration stayed within its competence and whether respected rights and principles
• Recours objectif and Recours subjectif are concepts in Continental Europe related to judicial review
• Judicial Review is a specific mechanism to bring legal challenges to administrative actions based on procedural and substantive grounds
• Preliminary Objection:

  • Germany: compulsory preliminary objection
  • France: objection is not a prerequisite for access to court
  • Rationale: decrease the workload of the court and provide fast remedy
• Specialized Administrative Courts exist in different countries like Germany, the UK, Sweden, and Austria
• Tribunals handle Administrative Disputes with a focus on the agent in the UK and on the type of action in the Netherlands
• Standing is the link between the applicant(s) and the subject matter of the action
• Standing in different countries:

  • Germany: Right-based approach
  • England: Interest-based approach
  • France: Interest-based approach
• Remedies in judicial review aim to protect relevant parties’ rights against illegal or improper administrative decisions
• Remedies include Annulment and Performance actions
• Ombudsman is an alternative to judicial proceedings, resolving public complaints about (mal)administration
• European Ombudsman investigates complaints of maladministration in EU institutions, promotes good administration, and ensures respect for fundamental rights