The Consequential Effect of European Law in Respect of the Requirement of Due Care
Review of European Administrative Law, Zero Issue, pp. 63-72, 2007
10 Pages Posted: 26 Sep 2007 Last revised: 23 Jun 2013
There are 2 versions of this paper
The Consequential Effect of European Law in Respect of the Requirement of Due Care
The Consequential Effect of European Law in Respect of the Requirement of Due Care
Date Written: February 25, 2010
Abstract
This paper is an attempt to trace the obligations for public authorities arising from Article 3:2 of the Dutch Algemene wet bestuursrecht against the background of the principle of precedence and the doctrine of direct effect, precisely in order to prevent them from coming into conflict with European law. The paper shows that public authorities have duty to investigate the implications of European law on any proposed decision. Public authorities are also obliged to investigate whether or not the legislation on which their executive authority is based is compatible with European law. This duty also covers legislation from other authorities.
Keywords: European law, due care
JEL Classification: K19
Suggested Citation: Suggested Citation