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Buitenwettelijke afstemming van beschikkingen. Naar meer eenheid van bestuur?

11 September 2008

PhD ceremony: mw. V.M. Reimert, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: Buitenwettelijke afstemming van beschikkingen. Naar meer eenheid van bestuur?

Promotor(s): prof. L.J.A. Damen

Faculty: Law

 

More coordination of decisions

Government organisations and the courts (and even ordinary citizens) are increasingly facing issues relating to the coordination of decisions made independently of each other. In some cases, coordinating measures are included in legislation. But what happens if there are no such provisions? Without statutory guidance, are government organisations legally permitted to engage in the coordination of their decision-making? And if so, should they do so? This study looks at this issue in detail.

The case law and empirical research shows how lack of coordination arises in actual practice and how it is dealt with. As described in the book, ordinary citizens are frequently confronted by this problem. For example, what happens if the tax department and unemployment insurance department conduct a joint investigation of the same problem, but draw different conclusions? Or how can the municipality act against illegally placed advertising when at the very same time the owner is paying taxes to the municipality for the right to do so?

The current administrative legal system leaves little room for non-statutory coordination. In this study, it is argued that in some cases at least there should be a presumption of an obligation to coordinate.

 

Last modified:15 September 2017 3.37 p.m.

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