ABSTRACT

The present system of administrative justice came into being at the beginning of the 1990s. The enactment of the General Administrative Law Act was especially important. This law strengthened the position of private persons with regard to the administration. The principle of the rule of law and democracy are closely connected. The administration has to act in accordance with democratically granted and clearly regulated powers. It goes without saying that the government must respect the fundamental rights of its citizens. Judicial control of the administration and legal protection against the infringement of civil rights are essential building blocks in a careful system of checks and balances. The Constitution even contains one provision that plainly seems to be in conflict with effective legal protection. The Dutch system of legal protection against administrative decisions generally has few phases. A preliminary administrative procedure generally precedes appeal to the administrative court.