PROPORTIONALITY IN DUTCH ADMINISTRATIVE LAW

in Tilburg Law Review
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Abstract

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.

Tilburg Law Review

Journal of International and European Law

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