The Dutch paradox:The impact of the pan-European general principles of good administration in the Netherlands

Even though the Netherlands was one of the founding fathers of the CoE, the impact of CoE conventions and soft law on Dutch administrative law and the development of the principles of good administration is rather patchy and uneven. This ‘Dutch paradox’ can be explained by the much more significant and direct impact of the European Convention on Human Rights on both substantive and procedural national administrative law. At least partly, this impact can be explained by the existence of a coherent body of ECtHR case law that is relevant to almost all areas of administrative law and that can be... Mehr ...

Verfasser: Gerards, Janneke
Van Ommeren, Frank
Wolswinkel, Johan
Dokumenttyp: bookPart
Erscheinungsdatum: 2020
Verlag/Hrsg.: The Oxford University Press
Schlagwörter: Administrative justice / Administrative procedure / Administrative sanctions / Council of Europe / Dutch administrative law / European charter of local self-government / European convention on human rights / General principles of administrative law / Good administration / Netherlands / /dk/atira/pure/sustainabledevelopmentgoals/peace_justice_and_strong_institutions / name=SDG 16 - Peace / Justice and Strong Institutions
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-29462883
Datenquelle: BASE; Originalkatalog
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Link(s) : https://research.vu.nl/en/publications/a623206d-d118-4ddb-b2fa-02f5f8db16b8

Even though the Netherlands was one of the founding fathers of the CoE, the impact of CoE conventions and soft law on Dutch administrative law and the development of the principles of good administration is rather patchy and uneven. This ‘Dutch paradox’ can be explained by the much more significant and direct impact of the European Convention on Human Rights on both substantive and procedural national administrative law. At least partly, this impact can be explained by the existence of a coherent body of ECtHR case law that is relevant to almost all areas of administrative law and that can be readily and easily applied on the national level. Nevertheless, the chapter concludes that it might be useful for Dutch authorities to keep an eye on other CoE instruments that may be relevant for the development of general administrative law, especially because the ECHR provides for minimum protection only.