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

See all articles by Jan H. Jans

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

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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

Jans, Jan H., The Consequential Effect of European Law in Respect of the Requirement of Due Care (February 25, 2010). Review of European Administrative Law, Zero Issue, pp. 63-72, 2007, Available at SSRN: https://ssrn.com/abstract=1017221

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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