Compensation of unequal procedural positions in administrative law
01 / 2009 - 01 / 2014
In administrative law, applicants sometimes lose their case as a result of a procedural mistake they make. Dutch administrative law holds that court rules and the judge should offer applicants protection against such procedural accidents. Lack of legal knowledge on the part of the applicant should not stand in the way of winning a case. Scholars address this topic as the principle of compensation of inequality. But what exactly does this principle imply? Could this unwritten standard, if given new elaboration, become a key instrument in the prevention of procedural accidents?