Hey! Could someone tell me if we use the Factortame criteria only for interim mandatory injunction or also for the prohibitory one? I am kind of confused because the case refers to interim injunction in general but in the tutorial we used it only for the interim mandatory one. Thank you!
For both!
Thanks!
Hey! Could someone explain the a prohibitory order? I have difficulties understanding it. Thank you!
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i.e. the administration passes a decision to ban all people wearing yellow hats on the streat in liverpool, otherwise you will be fined, You recently bought a very nice gucci hat which is yellow, your favorite color. You cannot wear it on the street and feel that your right of freedom of self-expression/choice is violated. You want to object the new decision and after it has been decided you have standing, you go to court and ask the judge to quash/annul the decision. in the meantime, while the judges work hard on reviewing the legality of the admin decision, they order the administration to refrain from fining people wearing yellow hats on the streets until the court's verdict is known. it is a temporary remedy, the prohibitory order
but isn't what you described more an interim prohibitory injunction? Which also would not be possible for this case, because there is no threat of irreversible danger? Isn't the prohibitory order more to prohibit the execution of a decision which you want to have quashed?
can someone send tasks from the tutorial 6?
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Pay attention though, because the tutorial notes on here are outdated and other cases were used in the tutorials. :)
thats why im asking for updated ones! thx :)
how do you guys go about studying for this course? i feel a bit helpless here
the lectures are very VERY helpful. The book is good to fill your lecture notes and make a buttload of tasks/old exams
how many administrative actions have you guys found in question 1 (task 2) of the assingment?
5
6
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what was your basis during answering these questions?
Is there anyone who study administrative law could tell me under what circumstances an oral hearing is required for procedural fairness; when legal or other representation is required; and what reasons should be given for a decision and the nature and extent of reasons required regarding administrative decision-making in ANY jurisdiction please? I would be REALLY grateful!
Hey :) does anyone maybe have the answers to the tutorial tasks solved for this year and could possibly upload them? Thanks in advance
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Thank you for compiling all the cases. It saved me for question 2 of the exam :)
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Thanks for saving my life
Procedural requirements: - no one may judge his own case (case law) - right to be heard ( Anderson case) - right to consultation (Moseley case) + rights in statutory provisions NOT the right to give reasons
any violation of procedural requirements renders the decision ultra vires and void UNLESS rectification, bypassing or substitution
Procedural safeguards e.g. right to be heard (Trompier Gravier case) OR duty to give reasons (Belasni case)
procedural rules: - duty to investigate + duty to weigh interests (Art. 3:4 GALA; Maastricht case) - properly motivate a decision (Art. 3:46 GALA)
mostly procedural requirements
e.g. Maastricht case
mostly for material/substantive errors
Procedural rights: - right to be heard §28 (1) APA - duty to give reasons §39 (1) APA - anti-bias provisions §20, 21 APA - duty to investigate §24 APA
adm. act is only invalid if there is a parrticulary serious error §44 APA
APA ofc
You're right
Ditto
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Thank you! Which tutor do you have? your notes are good :)
Thank you. I have Louise Verboeket, she is really great and she provides very good structure
Does anyone have notes for tutorial 7? :)
Sure I will post them in a few minutes
Obviously still: Types of administrative actions
Schutznormtheorie (Heard the tutor call it 'the addressee theory' as well, but a literal translation would be 'theory of protective norms')
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I'll ask about that on Thursday then
After due clarification, I would conclude that the 'theory' part in "addressee theory" is an overstatement
Does someone have past exams from 1-3 years ago? Would be useful
I quite like your notes but they are never complete...
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Exactly, we just left it for the next tutorial because we ran out of time
@ anonymous money exchange, I agree with you and I would advise you to use these notes (https://www.studydrive.net/courses/maastricht-university/comparative-administrative-law/other/cal-tutorial-5/viewfile/613557) they are far more complete
This is a message for all the people using studydrive notes during tutorials or for their assignments without downloading the documents. If you use them that means that they are useful for you so the person who made these notes, summaries, charts will really appreciate if you could download them. Downloading does not cost you anything but it rewards the author of the document. This is I think a minimum considering that the author voluntarily shared its documents and spent time making them. Thank you for them
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Thank you for sharing your notes. They are very nice and well structured. They help me a lot for the assignment!
You're welcome, that's why I shared them ;)
Hey, does anyone have any recent past exams for admin? thanx in advance
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Could you upload this as pdf? :)
Does anyone have the readings for week 2 on pdf? They messed up my reader order and i wont get it till next week
Could someone upload the reader? Thanks
It is copyrighted by the university, so you actually have you to pay for it. I don't think that you can actually get the texts separately online.. I paid for it but even then you do not get an electronic version, you only get a printed handout. So I can't help you in that regard, I' m sorry!
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are pages 4-5-6 relevant? there are a lot of articles not included in the MC
What are you referring to precisely?
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Do you also have notes from lecture 4? :-)