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http://ssrn.com/abstract=1113349
 
 

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Soft Law, Policy Rules and the Quality of Administrative Decision-Making


Albertjan Tollenaar


University of Groningen - Department of Administrative Law and Public Administration

August 6, 2010

The challenges of soft law, Peking: The Commercial Press, p. 263-284

Abstract:     
To the extent that an administrative body has discretionary powers, it will inevitably make use of administrative guidelines or administrative rules that supplement rules in laws and statutes. These administrative rules are the soft law every organization applies in decision-making. In Dutch law, there is a category of administrative rules with a special legal status. They are called "policy rules" in de General Administrative Law Act (Awb). Especially administrative bodies in municipalities often use other administrative rules than policy rules. In other words, municipalities use administrative rules that do not (entirely) fit the legal requirements of the Awb "policy rule". Apparently, municipal authorities can do without administrative rules in their codified form of "policy rule". This observation was the immediate cause for conducting this research. The central question of this paper is: What is the supplemental value of policy rules for the quality of the municipal decision-making and is it possible to improve this quality with policy rules?

Number of Pages in PDF File: 13

Keywords: Soft law, regulation, codification, administrative law, bureaucracies

JEL Classification: K23, D73

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Date posted: March 28, 2008 ; Last revised: June 23, 2013

Suggested Citation

Tollenaar, Albertjan, Soft Law, Policy Rules and the Quality of Administrative Decision-Making (August 6, 2010). The challenges of soft law, Peking: The Commercial Press, p. 263-284. Available at SSRN: http://ssrn.com/abstract=1113349

Contact Information

Albertjan Tollenaar (Contact Author)
University of Groningen - Department of Administrative Law and Public Administration ( email )
PO Box 716
Groningen, 9700 AS
Netherlands
HOME PAGE: http://www.rug.nl/staff/a.tollenaar

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