Legal context
14 important questions on Legal context
What are the different types of legal norms?
- Private law (two private persons)
- Criminal law (prosecutor (state) + criminal)
- Public law (government + individuals(society))
What are examples of public legal norms?
- Principle of equality
- Principle of legitimate expectations
- Right of defense
- Legal certainty
- Effective judicial protection
What is the principle of equality?
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What is the principle of legitimate expectations?
Describe the Trias Politica
- Legislative Power (wetgevend)
- Executive Power (uitvoerend)
- Judicial Power (federaal)
What is an administrative authority (bestuursorganen)?
- An organ of a legal entity which has been established under public law, or
- Another person or body that is invested with any public authority.
Why is there need for a Council Act (act by municipality = verordening)?
- to make sure that everyone knows when they are eligible for a subsidy
- to make sure that everyone is treated in the same way
How is it possible that the cabinet is both legislative and executive power?
- Legislative: cabinet makes the rules
- Executive: cabinet gives permits
What is written down in an council act?
- Material norms: where is your project about?
- Procedural norms: where, time?
What is discretionary power?
What is non-discretionary power?
Why is the difference between discretionary and non-discretionary decisions relevant?
- For determining the extent of legal protection
- Attach instructions to a permit (not possible with non-discretionary)
What is the difference in determining the extent of legal protection in discretionary?
- Non-discretionary decisions: the judge can independently review since it is written in the law (integrale toetsing)
- Discretionary decisions: administration has a wide scope fro making policy, the judge has to respect this freedom (marginale toetsing: the judge assesses whether the administrative could reasonably have come to its decision)
What is the detournement de pouvoir (abuse of power)?
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