In Search of an Effective Model:A Comparative Outlook on Administrative Silence in Europe

Public administration inactivity, or in other words the excessive length of administrative proceedings, is not a new phenomenon; however, it appears to be of limited interest for comparative law, and it occurred particularly as attempts to develop a European convergence in administrative procedural law in a pro-business paradigm. In this context, there were initiatives at the EU level that attributed administrative silence as a positive legal fiction—namely Directive 2006/123/EC on services in the internal market (Service Directive). The tension between silence as rejection (negative) and silence as approval (positive) is to be found not only at the level of the EU procedural law, but also at the level of the national administrative law of the Member States. In this chapter, we critically synthesize the main aspects discussed in the following chapters that deal with this topic in national setting, trying to find a red line or identify common trends among the studied jurisdictions

Remedies Against Administrative Silence in the Netherlands

This chapter introduces the remedies against silence of the administration in the Netherlands and provides data on the functioning of these remedies in practice. Single-case decisions requested by an interested party shall be taken within the time limit prescribed by statutory regulation or within a reasonable period, normally eight weeks. Three consequences of untimely decision-making by public authorities are distinguished. Firstly, an interested party can lodge an appeal with the administrative law court to order the administrative body to take a decision, as soon as the time period has expired and two weeks have passed since the interested party sent the administrative authority a written notice of default. Secondly, when these conditions are met, a penalty is forfeited for each day that no decision is taken. Thirdly and alternatively, a fictitious positive decision is deemed to have been taken. The chapter discusses the legal and practical consequences of these remedies

Hybridization in parasites: consequences for adaptive evolution, pathogenesis and public health in a changing world

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Das Recht der öffentlichen Sachen. Allgemeines Verwaltungsrecht, Besonderes Verwaltungsrecht, Trümmerhaufen – oder was

The German Law on Administrative Assets General Administrative Law, Special Administrative Law, Rubble Heap – or what The “law on administrative assets” treats the legal status of assets used by the administration to fulfill its tasks or provided by the administration for public use. It is part of the German “classical canon” of general administrative law, but is increasingly skipped in modern textbooks and monographs on general administrative law. This is related to the considerable uncertainties concerning its scope and content. Therefore, the question arises if a “law on administrative assets” as an autonomous field of law still exists. To be able to answer this question, the article analyses the relevant case law by differentiating between cases concerning movable administrative assets and cases concerning immovable administrative assets. The analysis reveals that a special legal status of movable administrative assets cannot be determined in German law. Concerning immovable administrative assets the legal situation is more complex. In this regard the analysis of the case law reveals that the law on administrative assets should not be understood as a public law equivalent of private property law, but as a field of law concerning the rules regarding the use, the protection, and the maintenance of public infrastructures