Harmonisatie hoogste bestuursrechtspraak en rechtsbescherming

Abstract

On 1 January 1994, the first two tranches of the Algemene wet bestuursrecht (Awb) came into force. The second tranche deals, among other things, with the administrative procedural law. The primary purpose of the introduction of the general administrative procedural law was to provide legal protection. In addition, the legislator aimed at harmonizing the formal rules of evidence with civil procedural law and at bringing the administrative courts into line with one another. I have examined how the interpretation which the highest administrative courts have given to the rules of evidence in general administrative procedural law relates to the desire for harmonization and how this interpretation is consistent with the principle that legal protection is the primary objective of the general administrative procedural law. I have concluded that the interpretation given by the highest administrative courts is in line with the desire for harmonization. On points where the nature of the general administrative procedural law or the Awb does not make harmonization with civil procedural law impossible, the highest administrative courts rule in line with civil procedural law. In addition, the explanations given by the highest administrative courts do not essentially differ from one another. However, these explanations are not always in line with the principle that legal protection is the primary objective of general administrative procedural law. Therefore, the highest administrative courts do not always enable individuals to effectively enforce the right of appeal granted to them.