Chronicle 1998, Administrative law/Droit administratif

Abstract

In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the so called Van Kemenade-Committee has published a report in which these problems were brought into attention. As a reaction to this, in 1998 a governmental Point of view on the `Juridification of the public administration' appeared in which some adjustments of the General Administrative Law Act are announced. In 1998, the so called Leemhuis-Committee published a report on the organization and the management of the Judiciary. Most important proposition is the establishment of a `Council for the Judiciary' which will be responsible for a more adequate management of the Judiciary as a whole. In the Memorandum `The Judiciary in the 21st century' of 1998, the Government follows the propositions of the Leemhuis-Committee to a great extent. However, the proposed power of the Council for the Judiciary to direct binding policy rules to the courts is denied, because this would be in conflict with the judicial independence.