The Modernisation of the Rules of Administrative Judicial Procedure Under Scrutiny: The Rulings of the Belgian Constitutional Court on the 'Administrative Loop' in a Comparative Perspective - Concluding Remarks

14 Pages Posted: 1 Apr 2017

See all articles by Sander Jansen

Sander Jansen

Maastricht University

Mariolina Eliantonio

University of Maastricht - Public Law

Date Written: March 31, 2017

Abstract

This concluding contribution of the Special Issue briefly introduces the Federal and Flemish administrative loops and their other national “look-a-likes”. Thereafter, the objections raised by the Belgian Constitutional Court will be presented and analysed in light of the possible implications for the other legal systems presented in this Special Issue, namely Italy, Germany, Sweden and the Netherlands. The contribution shows that all legal systems need to delicately balance efficiency and the protection of fundamental rights. Furthermore, while speedier decision-making and dispute resolution is a shared aim of the legal systems presented, the solutions found to protect individuals’ rights (and the intensity to which this is a concern at all) can vary quite significantly.

Keywords: Administrative loop, Rule of law, Fundamental procedural rights, Duty to state reasons, Comparative administrative law

JEL Classification: K00, K19, K23, K41

Suggested Citation

Jansen, Sander and Eliantonio, M., The Modernisation of the Rules of Administrative Judicial Procedure Under Scrutiny: The Rulings of the Belgian Constitutional Court on the 'Administrative Loop' in a Comparative Perspective - Concluding Remarks (March 31, 2017). Maastricht Faculty of Law Working Paper No. 2017-7. Available at SSRN: https://ssrn.com/abstract=2943945 or http://dx.doi.org/10.2139/ssrn.2943945

Sander Jansen

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

M. Eliantonio (Contact Author)

University of Maastricht - Public Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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