Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

PROPORTIONALITY IN DUTCH ADMINISTRATIVE LAW

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Tilburg Law Review

In Dutch legal practice the principle of proportionality is applied very much similar to the concept developed in German and Community law. It is this concept that forms the basis for Sect. 3:4 of the General Administrative Law Act (GALA). This concept has until recently been concealed behind other general principles of administrative law. A more explicite application of proportionality as a concept for a correct balancing of interests would be clarifying. Furthermore, it is advisable for Dutch administrative courts to apply the concept of proportionality as developed in EC law, in the light of the increasing importance of EC law and its implications for national law. One of the most important administrative courts in the Netherlands however has rejected a full proportionality test after the example of the EC, on the basis of a narrow interpretation of Sect. 3:4 GALA.

Affiliations: 1: Adrienne J.C. de Moor-van Vugt is an assistent professor at the Tilburg University. Her research focusses on law enforcement by way of administrative sanctions in Dutch and European administrative law. This article is an adaptation of the summary of the author's thesis: MATEN EN GEWICHTEN, HET EVENREDIGHEIDSBEGINSEL IN EUROPEES PERSPECTIEF. (Zwolle: Tjeenk Willink, 1995).

10.1163/221125998X00029
/content/journals/10.1163/221125998x00029
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/221125998x00029
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/221125998x00029
Loading

Article metrics loading...

/content/journals/10.1163/221125998x00029
1998-01-01
2016-12-04

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Tilburg Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation