T. Barkhuysen

Implementation of EU Enforcement Provisions: Between European Control and National Practice

For effective enforcement of its law the EU is to a large extent dependent on the enforcement efforts of the member states. The member states are responsible for the correct and timely application of EU treaties and secondary EU legislation. This dependence is an important reason for the European legislator and European courts to increasingly guide national enforcement. Interesting questions result from this guidance. What exactly is the relationship between EU legislation in the area of law enforcement and national policy and legislation in this respect? How is that legislation implemented, and can patterns be recognized in this? What problems are the national legislator and the national enforcement practice and organisation faced with in this respect? These questions have been dealt with in respect to the Netherlands in a research project carried out in 2006 and 2007 by researchers of Leiden University and Utrecht University. The project was commissioned by the Dutch Justice Ministry’s Research and Documentation Centre. This article presents the main results of this research into the implementation of EU enforcement provisions in the Netherlands.

The Law on Administrative Procedures in the Netherlands

In the Netherlands law in general embodies two kinds of legal rules concerning administrative procedures. First, there are hundreds if not thousands of statutory provisions that grant administrative authorities the power to act for the purpose of performing a public service and that regulate such action in a detailed way. This includes specific rules in numerous branches of law, such as social security law, immigration law or environmental law. Further, since 1994 the Netherlands has had the General Administrative Law Act (‘GALA’) (Algemene wet bestuursrecht or Awb), which contains rules for orders made by administrative authorities and that creates the right of appeal to an administrative court. This Act regulates the process of administrative decisionmaking in a general sense and provides a general framework for legal protection against the orders issued.

Legal Protection Against Violations of the European Convention on Human Rights : Improving (Co-)operation of Strasbourg and Domestic Institutions

This contribution deals with legal protection against violations of the European Convention on Human Rights at both the national as well as the international level. The conclusion is that the practice of the European Court of Human Rights is inadequate and that the protection in the Netherlands could be better. Several recommendations are made in order to improve the co-operation between Strasbourg and domestic institutions in the field of the protection of human rights.