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Summary table of Comparative Administrative Law course
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Comparative Administrative LawTOPIC GERMANY NETHERLANDS FRANCE
Administrative act (§35 APA)
Decision (Art 1:3 GALA) Decision
- Unilateral
- Unilateral - Unilateral
How is - By authority
- By an administrative organ - Carrying out service publique
administrative - Regulatory (legal sphere)
- Juridical nature - Able to change the legal spher
action defined - Individual case (addressees
- Individual case or of general nature - Individual or general nature
determinable)
- Internal or external effects - Internal or external effects
- External legal effects
Determined
Order (beschikking) is a sub-category of Décision individuelle: addressed to
addressees and Administrative act (§35 APA)
decisions determined persons
case
Decisions of general application (besluiten
Determinable
Administrative act in the form of a general van algemene strekking): concrete norm à Décision particuliére: undetermined n
addressees and
order (§35 APA) measures taken to make more concrete a of individuals in a particular case
determined case
generally binding regulation
Decisions of general application (besluiten
van algemene strekking):
Not an administrative act:
- concrete norm à measures taken to
- By-laws are created by bodies of
Forms of administrative action
Undeterminable make more concrete a generally Décision réglementaire: regulatory de
indirect state administration
addressees or case binding regulation for general situations.
- Statutory orders are issued by organs
- generally binding regulation à
of direct state administration
general in regards to a place, time, or
group
Decisions of general application (besluiten
van algemene strekking): policy rule à
Administrative regulation (not an Décision (usually would be particulier
Internal measures decisions of general application that guide
administrative act) depends on the addressees)
the administration in the exercise of its
discretion
Realakte (factual acts) do not change the
legal sphere and are thus not administrative
Factual acts are not besluit, they are feitelijke Factual acts are excluded from decisio
Factual conduct acts:
handelingen they do not exist as a separate categor
- Public information
- Factual conduct
Administrative or private law contract
- Private law contracts performed by Private law contracts per se cannot be
the administration, operating under performed by the administration excep
private law some exceptions
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