The ghost of the 'criminal charge': the EU Rights of the Defense in Dutch administrative law

Although observance of the rights of the defense is recognised as a general principle of EU law, not all EU member states have adopted it in its EU form. In the Netherlands we have been struggling with it for some time now. In short, there are two main reasons for the Dutch unease with the rights of the defense in administrative law: - Dutch law sees the rights of the defense as closely connected to the rights guaranteed in case of a ‘criminal charge’. - The rights of the defense in their EU form sit uncomfortably with the General Administrative Law Act (GALA), the Dutch codification of admini... Mehr ...