More human touch in Social Security laws?

The Department of Constitutional Law, Administrative Law and Public Administration (Maarten Bouwmeester, LL.M., Prof. Kars de Graaf, Prof. Bert Marseille and Dr Marc Wever) of the Faculty of Law of the University of Groningen will conduct research commissioned by the Ministry of Social Affairs and Employment. They will investigate the consequences of the anticipated amendments to the strengthening of the safeguarding function of the Dutch General Administrative Law Act (Awb).

To adapt or not to adapt to the Awb

For a cross-section of laws in the field of social security, the study involves an inventory of the differences that will arise and an analysis/assessment of the desirability of adapting to the Awb or, on the contrary, of preserving its individuality. The analysis framework that will be drawn up for this purpose will examine, among other things, the effects of adapting/not adapting in light of human dimensions, legal certainty, implementation costs and uniformity. The study will start this summer and will result in a report in autumn of this year.

Act to strengthen safeguarding function Awb

The strengthening of the safeguarding function of Administrative Law Act aims - in short - to strengthen the human dimension in administrative law. This includes the introduction of a principle of service, expanding the scope of the principle of proportionality and numerous amendments to provisions on decision-making procedures, objections and appeals to the administrative courts. The consultation version of the bill was published early this year.

For the statutory regulations implementing the government's task in the field of social security, the planned amendments to the Awb may have the consequence that differences arise between the Awb and these special laws. If there are differences, the next question is whether or not the special laws in question need to be adapted to the amended Awb.

This article was published by the Faculty of Law.

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