Project R-14739

Extensions of administrative enforcement powers: towards an assessment framework from an administrative law perspective (Research)

Various administrative bodies have gained more powers of administrative enforcement in recent years. While the ratio legis behind this expansion of administrative enforcement powers may be legitimate, it is not clear to what extent the peculiarities of administrative law are taken into account. However, to effectively achieve the legitimate objective of the expansions of administrative enforcement powers, it is necessary for the competent legislator to assess the implications for administrative law of such extensions and to know how they can be adequately taken into account. This study will therefore draw up an assessment framework that the legislator can (or should) take into account in future extensions of administrative enforcement powers. The latter is not purely hypothetical, given the depenalisation trend and the movement towards a more armed administration. In drawing up this assessment framework, consideration will be given, inter alia, to: the ratio legis of such extensions and the principles the competent administrative authorities need to adhere to (principally the general principles of good administration). Given the fragmented nature of the administrative enforcement landscape, it is impossible to carry out a review in concreto for every authority with administrative enforcement powers. Therefore, this study will focus on a few, yet to be determined, bodies.

01 January 2024 - 31 December 2027