DOI: 10.5553/RP/048647001982024003625

Res PublicaAccess_open


Problemen van administratief toezicht ten aanzien van de gefusioneerde gemeenten

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William Lambrechts, "Problemen van administratief toezicht ten aanzien van de gefusioneerde gemeenten", Res Publica, 3-4, (1982):625-631

    This brief study is to examine whether some legal questions do influence the administrative control in general and more particularly the administrative control of merged municipalities. First are analysed the propositions aiming the administrative control in the new local government act as proposed by the Association of Belgian Towns and Villages. It says that administrative control must not be excessivily hindering. It would rather change the control phylosophy and procedures in order to relieve the administrative control. The two important State Reform Acts of 8 and 9 august 1980 present in fact major institutional changes concerning the administrative control. The Flemish and the Walloon regions obtain the competence to organise the procedures and to exercise the administrative control with regard to provinces, towns, villages and agglomerations. After revision of article 108 of the Constitution in 1980opportunity-control of administrative acts is maintained and the exercise of the autonomy of action must take place in harmony with the jurisprudence of the «Council of State». Finally, comparison between theFrench Act of March 2nd, 1982 about decentralisation of administrative control in France and the opportunity-control in Belgium is made.

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