Remedies Against Administrative Silence in the Netherlands

Graaf, K.J. de; Hoogstra, Nicole; Marseille, Albert

doi:10.1007/978-3-030-45227-8_6

Cited by 2 publications

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“…According to the Green Paper on future noise policy from the Commission of the European Communities 1 , the noise from individual cars has been reduced by 85% since 1970 and the noise from lorries by 90%. However, despite thirty years of source reduction policy by means of a type approval, the emission of traffic noise has not decreased 2 . According to Hooghwerff 3 the decrease of noise emission due to the vehicle fleet using Dutch motorways during the period 1981 -2000 is 1,9 dB(A).…”

Section: Introductionmentioning

confidence: 99%

Noise Limits and Noise Levels Along Motorways in Europe

ALBERTS

2023

8th European Conference on Noise Control 2009

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Environmental noise caused by traffic is one of the main local environmental problems in Europe. The National Road Authorities, which are combined in the Conference of European Directors of Roads (CEDR), are aware of the environmental noise problems along their motorways. The CEDR noise group has done a comprehensive questionnaire on how the CEDR member states handle noise abatement. The paper focuses on the part of noise limits and noise levels along motorways in Europe. It also deals with noise indicators and noise calculation models in Europe. On a European level, the comparison of noise levels and noise limits along motorways is complicated, due to the use of different noise indicators and noise calculation models. In the context of the European noise directive on noise mapping and action plans (2002/49/EC), more or less the same goes for the number of people living in dwellings that are exposed to certain noise levels. The best way to solve these problems is to use the same noise calculation model for road traffic noise throughout Europe: the outcome of the HARMONOISE/IMAGINE projects. On the level of individual CEDR member states however, there are pros and cons in using such a new calculation model.

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Section: Introductionmentioning

confidence: 99%

Noise Limits and Noise Levels Along Motorways in Europe

ALBERTS

2023

8th European Conference on Noise Control 2009

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The impenetrable wall of administrative silence in Serbia

Cucić¹

2021

Zb Pravnog fak Niš

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The administrative silence, as an apparent manifestation of maladministration, has become an ever-increasing problem in Serbia. The number of administrative silence lawsuits submitted to the Administrative Court has increased more than 26 times in the last 10 years. Two potential reasons why the parties do not submit administrative appeals and administrative silence lawsuits to the Administrative Court even more often could be the lack of necessary legal knowledge (most of the parties are lay persons) or their distrust in the available legal protection mechanisms. Unfortunately, the legislator and the judiciary have undertaken measures that further aggravate the situation. This paper discusses two forms of legislative and judicial support to administrative silence, which discourage parties from using legal remedies against administrative silence and engaging lawyers. The legislator effectively supports administrative silence by, save for one exception, preventing parties from claiming damages for the damage they sustained due to the failure of competent administrative authorities to decide in their cases in a timely manner. The Administrative Court supports the administrative silence by a legal stand prescribing that a party is not entitled to reimbursement of the costs of the proceedings, including the costs of lawyer's services, provided that the first-instance administrative authority replaced its act challenged by an administrative appeal before the Administrative Court decided on the administrative silence lawsuit.

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Remedies Against Administrative Silence in the Netherlands

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Cited by 2 publications

References 1 publication

Noise Limits and Noise Levels Along Motorways in Europe

Noise Limits and Noise Levels Along Motorways in Europe

The impenetrable wall of administrative silence in Serbia

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