The Consequential Effect of European Law in Respect of the Requirement of Due Care

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: administrative law, direct effect, principle of precedence, due care

JEL Classification: K23, K33