Belgian Constitutional Court decides to annul provisions on administrative loop

In a judgment dated 8 May 2014 (judgment no. 74/2014), the Belgian Constitutional Court has decided to annul articles 4.8.4 and 4.8.28,§2 of the Flemish Urban Planning Code. 

Article 4.8.4 of the Flemish Urban Planning Code allowed the Council for Permit Disputes (Raad voor Vergunningsbetwistingen) (i.e. the Flemish administrative court competent to rule on appeals against urban planning permits) to apply a so-called ‘administrative loop’ (bestuurlijke lus). By applying such an administrative loop, the Council of Permit Disputes could — through an interim judgment — allow an administrative authority whose decision was being challenged to rectify certain irregularities of the relevant decision pending the appeal before the Council for Permit Disputes. 

Article 4.8.28,§2 of the Flemish Urban Planning Code stated that if the Council of Permit Disputes decided to apply an administrative loop, it could impose on the administrative authority the obligation to pay the costs of the proceedings…

Click on the link below to read the rest of the Allen & Overy briefing.

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