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PROPORTIONALITY IN DUTCH ADMINISTRATIVE LAW

In: Tilburg Law Review
Author:
Adrienne de Moor-vanVugt 1Adrienne 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).

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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.

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