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How should an administrative authority reconsider a decision in objection proceedings? Administrative Jurisdiction Division formulates test framework for reconsideration of (non-)enforcement decisions.

How should an administrative authority reconsider a decision in objection proceedings? Administrative Jurisdiction Division formulates test framework for reconsideration of (non-)enforcement decisions. 768 426 SarisLaw

In its decision of 28 October 2020, the Administrative Jurisdiction Division provides the assessment framework for the reconsideration of objections by administrative authorities that must decide on decisions to impose remedial…

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Relationship between supervisory and investigatory powers clarified by Supreme Court

Relationship between supervisory and investigatory powers clarified by Supreme Court 768 518 SarisLaw

In its judgment of 30 June 2020 (ECLI:NL:HR:2020:1155), the Supreme Court confirmed that the use of supervisory powers under administrative law is not permitted if the investigation by investigating officers…

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Authorities: reconsideration of (non-)enforcement decisions must lead to an effective result

Authorities: reconsideration of (non-)enforcement decisions must lead to an effective result 768 426 SarisLaw

In his opinion of 11 March 202, advocate general Wattel states that when an administrative authority is reconsidered whether it must (still) take enforcement action by imposing remedial sanctions, it…

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Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing

Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing 2560 1707 SarisLaw

In its judgment of 15 November 2019, the Supreme Court (Tax Division) ruled that in administrative penalty cases, the administrative judge is obliged to always caution a person on whom…

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Sanctioning the duty to assist by means of an administrative order and penalty payment. Proposal to amendment General Administrative Law.

Sanctioning the duty to assist by means of an administrative order and penalty payment. Proposal to amendment General Administrative Law. 1000 667 SarisLaw

The Lower House of Parliament is currently debating the legislative proposal to amend the General Administrative Law Act (GAL) and some other laws in connection with the new environmental law…

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Summoning and questioning of witnesses in administrative law: how does it work again?

Summoning and questioning of witnesses in administrative law: how does it work again? 2560 1707 SarisLaw

In its judgment of 15 November 2019, the Supreme Court clearly outlined the process of summoning and questioning of witnesses by the administrative courts. That judgment, delivered by the Tax…

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General Administrative Law Act provides for the imposition of an administrative sanction in the event of a breach of the duty to cooperate

General Administrative Law Act provides for the imposition of an administrative sanction in the event of a breach of the duty to cooperate 1000 667 SarisLaw

On 17 January 2018, the internet consultation was launched in connection with the entry into force of the Environment and Planning Act. This consultation also has consequences for the General…

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Conclusion Advocate General breaks with prevailing view: legal protection is possible against the administrative warning. Insight into the consequences for enforcement practice

Conclusion Advocate General breaks with prevailing view: legal protection is possible against the administrative warning. Insight into the consequences for enforcement practice 1000 667 SarisLaw

In his conclusion of 24 January 2018, advocate general Widdershoven concluded in an important matter for the enforcement practice that an administrative warning based on a statutory provision is a…

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New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy

New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy 1000 674 SarisLaw

In a judgment of 26 October 2016, the Administrative Jurisdiction Division gave a new interpretation to the inherent power to derogate of Article 4:84 of the General Administrative Law Act…

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