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1 REALaw, Review of European Administrative Law 1 (2008)

handle is hein.journals/realaw2008 and id is 1 raw text is: 
REVIEW OF EUROPEAN ADMINISTRATIVE LAW; VOL. I, NR. I, I-2, EUROPA LAW PUBLISHING © 20o8


               From the Editors

               The editors are very pleased to be able to present the first
'real' issue of REALaw. In the 2007 'Zero Issue' REALaw was announced
as a journal which reviews the relationship between European and national
administrative law, combining both a top-down (the consequences Com-
munity law has for general administrative law and its principles within the
Member States) as well as a bottom-up approach (the influence of national
administrative law on the development of a European adminstrative law).
Indeed, one could even say that this journal is essentially about legal devel-
opments in administrative law in which European law and national law
influence one another. This first issue is a reflection of this concept.
   Schuurmans article shows that fact-finding is invariably a part of admin-
istrative decision-making. In administrative law procedures the courts in
general refrain from repeating this fact-finding process but, instead, review
the fact-finding procedure. Her contribution seeks to examine the require-
ments placed by the Community courts on the national courts' reading of
the facts in matters involving EC law. In this context, a parallel is drawn
with the standards upheld by the Community courts as regards their own
review of facts, in the context of direct appeals against decisions taken by
the Community institutions. It examines to what extent this review by the
Community courts follows or contrasts with the review performed in Dutch
administrative law courts.
   In his contribution to this issue Jans considers to what extent European
law invites - or requires - inapplicability of the so called 'speciality principle'
in Dutch administrative law. He concentrates on the question of to what
extent an administrative authority considering whether or not to grant a
permit is permitted, or required, to take public interests into account other
than those of the permit system in question, and specifically those based
on European law. More particularly he discusses whether an administrative
authority is permitted, or even required, to refuse a permit or other decision
on the grounds that it is contrary to European law obligations, even when the
objectives of the applicable European law are broader than the assessment
framework laid down by the national legislation on which the decision is
based.
   Bobek captures some of the first cases and issues the national applica-
tion of European law poses to administrative authorities in the new Member
States, with examples being drawn from the Czech Republic, Slovakia and
Poland. Firstly, it puts the enlargement-process into the proper perspective
of gradual approximation and defacto gradual legal accession. Secondly,
instances in which national authorities have directly applied European law
over conflicting national law are given, i.e. moments in which the adminis-
trative authorities appear to have accepted the new 'Master of European Law'.
Thirdly, some instances of refusal are discussed. The final part of his contri-

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