The Dutch paradox: The impact of the pan-European general principles of good administration in the Netherlands

Janneke Gerards, Frank Van Ommeren, Johan Wolswinkel

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Abstract

Even though the Netherlands was one of the founding fathers of the CoE, the impact of CoE conventions and soft law on Dutch administrative law and the development of the principles of good administration is rather patchy and uneven. This ‘Dutch paradox’ can be explained by the much more significant and direct impact of the European Convention on Human Rights on both substantive and procedural national administrative law. At least partly, this impact can be explained by the existence of a coherent body of ECtHR case law that is relevant to almost all areas of administrative law and that can be readily and easily applied on the national level. Nevertheless, the chapter concludes that it might be useful for Dutch authorities to keep an eye on other CoE instruments that may be relevant for the development of general administrative law, especially because the ECHR provides for minimum protection only.

Original languageEnglish
Title of host publicationGood Administration and the Council of Europe
Subtitle of host publicationLaw, Principles, and Effectiveness
EditorsUlrich Stelkens, Agnė Andrijauskaitė
Place of PublicationOxford
PublisherThe Oxford University Press
Chapter7
Pages210-241
Number of pages32
ISBN (Electronic)9780192605948, 9780192605931, 9780191893537
ISBN (Print)9780198861539
DOIs
Publication statusPublished - 2020

Publication series

NameOxford Scholarship Online

Bibliographical note

Publisher Copyright:
© The Several Contributors 2020.

Keywords

  • Administrative justice
  • Administrative procedure
  • Administrative sanctions
  • Council of Europe
  • Dutch administrative law
  • European charter of local self-government
  • European convention on human rights
  • General principles of administrative law
  • Good administration
  • Netherlands

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