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European Law and the Inapplicability of the ‘Speciality Principle’

Jans, J. H. 2008 In : Review of European Administrative Law. 1, 1, p. 35-49 16 p.

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This article considers to what extent European law invites – or requires – inapplicability of the so called ‘speciality principle’ in Dutch administrative law. I shall be concentrating on the question to what extent an administrative authority considering whether or not to grant a permit is permitted, or required, to take public interests into account other than those of the permit system in question, and specifically those based on European law. More particularly I will be discussing whether an administrative authority is permitted, or even required, to refuse a permit or other decision on the ground that it is contrary to European law obligations, even when the objectives of the applicable European law are broader than the assessment framework laid down by the national legislation on which the decision is based. I will also be referring to the opposite situation: Is an administrative authority permitted, or perhaps required, to grant a permit or other decision, despite the constraints of the assessment framework of national law, in order to avoid taking a decision that contravenes European law?
Original languageEnglish
Pages (from-to)35-49
Number of pages16
JournalReview of European Administrative Law
Volume1
Issue number1
StatePublished - 2008

Keywords

  • competences, legality, European public law, 86.86

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