Belgian Pluralism and Pragmatism - Shared Principles in a Strained Relationship
(2020) Good administration and the council of Europe: law, principles, and effectiveness — ISBN: [0-19-886153-2], published
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- Abstract
- This chapter discusses the impact on Belgian administrative law of the pan-European principles of good administration from the Council of Europe (CoE). Although the Belgian legal order is rather receptive to European law the specific direct impact of the CoE on good administration is limited, with the exception of the constitutional provision enacting administrative transparency. This situation is due to three factors. First, Belgian administrative law first and foremost borrows concepts from its neighbours, France and the Netherlands. Secondly, the CoE´s influence is most often mediated by technical devices, such as the constitutional provisions relating to equality. Finally, some principles of good administration, such as linguistic rights, are politically sensitive, which highlights the formal limitation of the CoE’s influence on Belgian principles of good administration. Overall, the CoE acts as a ‘high magistrature’ influencing administrative, legislative and political actors, as long as these broadly agree with the CoE’s principles.
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Marique, Y. (2020). Belgian Pluralism and Pragmatism - Shared Principles in a Strained Relationship. In Ulrich Stelkens et Agnė Andrijauskaitė (ed.), Good administration and the council of Europe: law, principles, and effectiveness. Oxford University Press. https://hdl.handle.net/2078.5/242203