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THE RISE OF REGIONAL ADMINISTRATIVE COURTS: CHALLENGES FOR THE RULE OF LAW

Authors: Schelstraete, Arnout; Moonen, Toon;

THE RISE OF REGIONAL ADMINISTRATIVE COURTS: CHALLENGES FOR THE RULE OF LAW

Abstract

The rise of regional administrative courts is one of the most important recent evolutions with regard to the organization of justice in Belgium. The decisions of Flemish administrative judges have a big impact on people’s lives, ranging from disputes about environmental permits to even election results. However, the creation and organization of these courts raises crucial questions connected to the rule of law. Incorporating the administrative judicial apparatus or its supporting units within the executive branch touches upon the separation of powers and judicial independence. Moreover, aspects of the right to a fair trial are at stake, for example when cases are decided by single judge panels and no possibility for a full appeal is available. The Flemish government envisions the further development of the administrative judicial system. Fundamental research into those matters is urgently needed. Supported by comparative law and a participatory methodology, this project answers theoretical, empirical and normative questions. It seeks a path to develop administrative judiciaries in the Belgian federated entities in line with the rule of law.

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Belgium
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Law and Political Science

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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