Based on a functional comparative legal analysis, reform proposals will be developed regarding administrative justice in Belgium in order to provide effective judicial protection against government.
Supervision: Prof. Dr. Johan Vande Lanotte and Prof. Dr. Yves Haeck
Researcher: Jurgen Goossens
Sponsored by BOF, Special Research Fund of Ghent University (2011-2016)
This Ph.D. project analyzes the vertical and horizontal distribution of power regarding administrative justice as well as the availability of judicial remedies.
Firstly, the researcher focuses on the question whether the federal or state level should regulate judicial review of administrative action in federal countries. In this regard, the advantages and disadvantages of centralization and decentralization are examined and applied to the judicial system.
Secondly, he analyzes the distinction between a ‘twin peak model’ (a distinction between ordinary and administrative courts without a higher court supervising the uniform application of the law, e.g. France, Belgium, Germany and the Netherlands), and a ‘one-peak model’ (an integrated court system with a highest court supervising the uniform application of the law, e.g. US and UK). In this regard, special attention will be devoted to the impact of the structure of a court system on the uniformity of case law.
Thirdly, the researcher examines which judicial remedies should be available to provide effective judicial protection against government, i.e. final dispute settlement in due time. Based on a functional comparative legal analysis regarding these three research questions, he will develop proposals to reform administrative justice in Belgium in order to provide effective judicial protection against government.
