G.T.J.M. Jurgens

Introduction of a Relativity-related Requirement in Dutch Administrative Law

For several years, there has been a discussion on whether it is desirable to introduce a relativity-related requirement in Dutch administrative law. Cases of environmental law and planning law, in particular, are used to suggest that the lack of any kind of protective norm doctrine in Dutch administrative law means that the possibilities for legal protection are sometimes not properly used. This article analyses whether the introduction of some kind of relativity-related requirement is possible in the light of European Community law.

THE PUBLIC-PRIVATE DIVIDE IN ENGLISH AND DUTCH LAW: A MULTIFUNCTIONAL AND CONTEXT-DEPENDANT DIVIDE

The main thesis of this article is that the public-private divide has to be considered as a multifunctional and context-dependant divide. This thesis is demonstrated by comparing English law and Dutch law. The authors describe two areas in which the divide is relevant: judicial review and the applicability of public law standards including human rights. In both legal systems discussions concerning the private-public divide relate to the transfer of power to private bodies. However, in the Dutch – continental – legal system the label ‘public law’ is used in fewer kinds of cases than in the English legal system. This remarkable finding might be explained by the characterization of the public-private division as multifunctional and context-dependant.