Review of Facts in Administrative Law Procedures; A European Community Law Perspective

Abstract

Fact-finding is invariably a part of administrative decision-making. In administrative law procedures the courts in general refrain from repeating this fact-finding process but, instead, review the fact-finding procedure. This contribution seeks to examine the requirements placed by the Community courts on the national courts’ reading of the facts in matters involving EC law. In this context, a parallel will be drawn with the standards upheld by the Community courts as regards their own review of facts, in the context of direct appeals against decisions taken by the Community institutions. It will be examined to what extent this review by the Community courts agrees or contrasts with the review performed in Dutch administrative law courts. A more uniform method of reviewing facts could enhance the harmonisation and implementation of EC law.