Somewhere between Direct Effect and Rewe/Comet: Some remarks on Dutch Administrative Law, Procedural Defects and the EIA Directive

Abstract

In this paper the authors consider how administrative law courts in the Netherlands deal with procedural defects, and in particular in a European law context. The paper is arranged as follows. First the most relevant provisions of the Algemene wet bestuursrecht (General Administrative Law Act hereinafter: Awb) are being discussed. The authors then consider more generally how the Dutch administrative courts deal with potential conflicts between national and European law. Here we shall focus especially on environmental law. Finally, and more specifically, the authors consider several judicial decisions involving procedural defects in respect of environmental impact assessment.