Penalty for administrative authorities missing deadlines is ineffective
image: Hansjörg Keller on Unsplash
When an administrative authority fails to give a decision on time, it can be penalised. Experts claim this coercive measure no longer works. Annemarie Drahmann, Associate Professor of Administrative Law says in ‘Magazine Advocatie’ that this ‘harms the democratic rule of law.’
Administrative law plays a crucial role in the relationship between government and citizens, especially when it comes to protecting rights and providing legal certainty. But, as experts point out, the system is showing cracks, with the result that decisions are taking longer and the courts are facing growing piles of appeals for decisions not given within the deadline. Discussions are currently being held at various ministries in an attempt to find possible solutions.
Citizens must be able to trust the government to honour its agreements and respect judicial agreements, Drahmann says. ‘If we see that the government doesn't respect agreements and the law, why should we citizens do so?’ This is a serious situation according to the senior lecturer who is increasingly concerned that it is beginning to take on a structural character. She would like to see an independent regulator, with not just an advisory role, but able to determine policy and impose responsibility for implementation.
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Read the full article in Magazine Advocatie (pp. 41-46)