Deze thesis handelt over de herzieningsprocedure van de Belgische Grondwet, vervat in artikel 195 Gw. De vraag wordt gesteld of deze procedure nog wel beantwoordt aan de vereisten van een moderne grondwet, gezien zijn historisch gewijzigde functie. Ontstaan in 1831 als een institutionele 'startgrondwet', is deze grondwet uitgegroeid tot een 'begeleider van de ontwikkeling van de staat'. Sinds de jaren '70 hebben de institutionele hervormingen en de daaraan gekoppelde grondwetsherzieningen zich alsmaar meer opgestapeld. Helaas wordt de toepassing van de rigide herzieningsprocedure meermaals omzeild, ter uitvoering van de politieke akkoorden. Een strikte toepassing van een versoepelde procedure lijkt daarom wenselijker. In de rechtsleer werden heel wat voorstellen gedaan ter versoepeling van artikel 195 Gw. Dit werk onderzoekt kritisch welke modellen wenselijk zijn bij het vinden van het juiste evenwicht tussen soepelheid en rigiditeit, rekening houdend met de maatschappelijke ontwikkelingen resp. de democratische principes. Het onderzoek sluit af met een vergelijkende analyse van de geboden modellen en een eigen voorstel tot herziening van de procedure.
In: Overbeek , H W 2019 , ' De schuldencrisis in de Eurozone : Oorzaken, aanpak en implicaties ' , Beleid en Maatschappij , vol. 46 , no. 1 , pp. 134-154 . https://doi.org/10.5553/BenM/138900692019046001010
Ten years ago, now, the Eurozone began to shake on its foundations. This article traces the genesis of the crisis and the present state of affairs. As to the causes of the global financial crisis in 2008, I argue that contrary to common understanding, the financial crisis had its deeper causes in a decades old tendency towards crisis in the real economy, produced by the continuous overaccumulation of capital which can only return profits by undertaking speculative short-term investments (a phenomenon known as 'financialisation'). I then trace how the global financial crisis morphed into a crisis of public deficits and debt in 2010-2011, particularly in the Eurozone. Three factors are shown to be responsible: financialization, design faults in the European monetary union, and the neo-mercantilist strategy of especially Germany and the Netherlands. The paper next looks at the five main traits of the policy responses in the Eurozone: bailing out governments and banks through creating emergency funds; imposition of austerity and budget discipline for member state governments; attempting to create and complete a Eurozone banking union; subsequently the European Central Bank engaged on an unprecedented scale in 'quantitative easing'; and finally, institutional reform in an attempt to repair the most pressing design faults of the EMU. The paper concludes that the underlying structural factors leading up to the crisis have only been addressed incompletely: the overaccumulation of capital continues, the completion of the banking union is in an impasse, quantitative easing has mostly just intensified financialization by pushing up asset prizes, and institutional reform has taken the form of a fundamentally undemocratic attempt at monetary and political union by stealth. The broader legitimacy of the European project has been substantially undermined, and Europe is not in a better position than eight years ago in case of a new global crisis.
The Anti-Revolutionary People behind the Voters. Fact or fiction? The Electoral Support of the ARP around 1885 and in 1918The rallying cry 'The people behind the voters' symbolised the political discrimination against the anti-revolutionaries. The restricted franchise, based on tax assessments, was supposed to favour the liberals. It is, however, doubtful whether this rallying cry represented any real form of discrimination or whether it should be regarded instead as part of the self-image of the antirevolutionaries. This is hard to determine. The number of seats gained during elections is not a very good benchmark because the absolute majority run-off system (constituency voting system with a second ballot) forced political parties to look for electoral cooperation. The size of the electoral support, on the other hand, can be estimated, when the election results of several carefully selected constituencies from the 1880s are compared with the election results of 1918. At this point, the votes were being cast under the regime of proportional representation and universal male suffrage. The anti-revolutionary electoral gains in 1918 turned out to be so small, that the rallying cry 'The people behind the voters' must be regarded as being out of touch with reality. Already, under the very restricted suffrage of the 1880s, the anti-revolutionaries had almost reached the peak of their electoral support.
'Will the Netherlands be defended?' The debate about NATO's main lines of defence at the beginning of the 1950sAt the beginning of the 1950s, the Netherlands would not have been able to defend itself in the event of a Soviet attack. Despite the fact that NATO, under the leadership of the Supreme Allied Commander Europe, General Eisenhower, and later General Ridgway, was in the process of rapidly building up its defences, it was still incapable of conducting a forward defence. The pivotal political and military issue in the short term centred on one question: Which areas in Western Europe could and should be kept and which not? Answers to this question exposed conflicting national interests and points of view, particularly those of the Dutch and the French. As it was taking a considerably long time to build up the Netherlands' defences, the Dutch government had very few trump cards to add weight to its demands. Indeed, in the summer of 1952, when Parliament asked to be given a precise account of how the Dutch defences were progressing, the government was practically boxed into a corner.
Johannes Henricus van der Palm (1763-1840) was the most famous orator of his age in the Netherlands. He was educated as a Protestant minister, but the revolutionary movements of the 1780s and 1790s launched him into politics and he became Minister of National Education. His extreme tendency to shy away from public conflicts made him less fit for politics and he returned to academia as a professor of oriental languages and sacred rhetoric, after which he reached the pinnacle of fame by speaking about the virtues of peace and harmony at almost every important public occasion. He personified the virtues of the Restoration (1813-1840) and his magnificent voice added to his attraction. Studying the extreme popularity of his oratory and the reasons why he was praised so much helps to better understand this period which was much more devoted to (classical) eloquence than the time after his death. Only if we understand the importance contemporaries attached to oral instead of just written presentation, can historians begin to reevaluate the Restoration that has always been criticised for being dull, superficial and obsessed with reconciling the polarised society after the revolutionary age.Johannes Henricus van der Palm (1763-1840) was de beroemdste redenaar van zijn tijd in Nederland. Hij werd opgeleid als predikant, maar de revolutionaire verwikkelingen van de jaren 1780 en 1790 wierpen hem in de politiek en hij werd agent van Nationale Opvoeding. Zijn extreme neiging openbare conflicten te vermijden maakte hem minder geschikt voor de politiek en hij keerde terug naar de universiteit als hoogleraar in oosterse talen en gewijde welsprekendheid en bereikte toen het hoogtepunt van zijn roem als spreker over vrede en verzoening bij vrijwel ieder belangrijk publiek evenement. Hij verpersoonlijkte de deugden van de Restauratie (1813-1840) en zijn prachtige stem versterkte zijn aantrekkingskracht. Bestudering van de enorme populariteit van zijn welsprekendheid en van de redenen waarom hij zo hoog werd geprezen, helpt om deze periode te begrijpen die zoveel meer gehecht en gewijd was aan (klassieke) welsprekendheid dan de tijd na zijn dood. Alleen als we het belang doorgronden dat in die tijd werd gehecht aan orale in plaats van alleen schriftelijke presentatie, kunnen historici de tijd van Restauratie gaan herwaarderen die altijd bekritiseerd is als saai, oppervlakkig en geobsedeerd door de verzoening van de maatschappij na de revolutionaire tijd.ActualiteitsparagraafSpeeches in crisistijd. Verzoening met woorden in de negentiende eeuw De uitzonderlijke speech van Mark Rutte over het coronavirus staat niet in een Nederlandse traditie van spreken door gezagsdragers. Die was er echter wel aan het begin van de negentiende eeuw, toen de beroemde redenaar, minister, predikant en hoogleraar Johannes Henricus van der Palm bij grote nationale gebeurtenissen het woord nam. Hij behoorde tot de laatste generatie die de welsprekendheid leerde volgens de principes van de klassieke oudheid. In zijn artikel voor BMGN – Low Countries Historical Review (135-1) toont Henk te Velde aan dat Van der Palm door zijn redenaarstalent onvoorstelbaar populair werd. Zijn geruststellende en opbeurende toon paste helemaal in de sfeer van verzoening na de crisis van de Franse Revolutie en oorlog rond 1800. Ook zijn heldere en emotionerende stemgeluid droeg daaraan bij. In de vele beschrijvingen van zijn redes kunnen we hem bijna horen spreken. De volgende generatie keerde zich echter tegen zijn postrevolutionaire harmonie en consensus. Thorbecke nam afscheid van Van der Palms verzoenende crisisretorica: geen holle woorden, maar wetenschappelijke precisie! Hardhandig kwam er een einde aan deze traditie; de nadruk op harmonisch overleg zou telkens terugkeren, maar sinds Van der Palm kent Nederland geen traditie meer van ministeriële speeches.
Het wetgevend kader inzake de GAS-boete is de afgelopen vijftien jaar aan behoorlijk wat verandering onderhevig geweest. Ook de laatste nieuwe GAS-wet van 24 juni 2013 blijft niet buiten schot. Verscheidene beroepen tot vernietiging van deze wet werden ingediend bij het Grondwettelijk Hof, dewelke weldra haar visie bekend zal maken. In tussentijd, en geïnspireerd door de middelen die de verzoekers formuleerden, kan men zich afvragen in welke mate en op welke wijze men zich kan beschermen tegen een opgelopen GAS-boete. Deze masterscriptie tracht een deel van het rechtsbeschermend kluwen te ontwarren, en een antwoord te geven op de vraag of het systeem volgens het welke de GAS-boete werkt wel houdbaar is ons huidige, Belgische rechtsbestel.
toegelicht met behulp van ongedrukte stukken uit het huis-archief van Z. M. den Koning door J. A. Wijnne ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- Belg. 278 d-41
In the Fourth National Spatial Policy Plan Extra (1990) the development areas were pointed out (the so-called "Vinex-areas"). This encouraged project developers to buy large and strategic situated properties. The key question is how to assure that also next generations of inhabitants, politicians and developers will still be prepared to invest in quality improvement. The concept of Sustainable Spatial Quality has been examined from the perspective chosen by the Brundtland Commission in its famous report 'Our Common Future' (1987). Quality Assurance is a concept made operational in Quality Management practices based on the ISO 9000 standards. The essential mechanism of Quality Assurance is the Deming-cycle In Vinex-area development in The Netherlands three types of PPP are fairly common: the so-called 'Development-Claim', the Joint Venture and the Concession. A basic assumption behind the effectiveness of Quality Assurance is the ability of controlling human behaviour and, in our case, spatial planning and development processes by means of institutional systems. Institutional governance is based on the idea that in a consistent institutional context different people will act more or less similar in a predictable way. Scott (2001) provides us with a theoretical framework based on an extensive and broad research of (neo)institutional literature. By combining the scientific work of economists, social and political scientists he creates a concept for the analysis of institutions. This concept consists of three types of institutional systems: Regulative, Normative and Cultural-cognitive. The Regulative system is typical for the Development-Claim model. The Joint Venture however is based on dialogue and negotiation on an equal level between public and private parties. The effectiveness of the Concession model for the public interest is determined by the way the government uses the willingness of private parties to go into competition. The empirical research was conducted in three different Vinex-areas: Leidsche Rijn near Utrecht, Vathorst near Amersfoort and Ypenburg near The HagueThe research included analysis of plans, contracts and documents followed by a series of interviews with stakeholders. Quality Assurance is failing on several critical points. Indifferent of the PPP-type the weakest elements in the process are the poorly developed interactive involvement of (potential) user groups in the planning process, the inability of both public and private parties to react adequately on changing circumstances and preferences of user groups and the lack of competition for area development. There is no 'best' PPP for assuring Sustainable Spatial Quality. Our recommendations to optimise the quality assurance function are partly generally applicable and partly specified for each type of PPP separately. Generally applicable is the recommendation for improving the interactivity of the planning process as well as enhancing a more proactive strategy of anticipation on changing user preferences. We need empowerment of the civil society, led by an independent process-manager and using a suitable framework for the debate. Anticipation on changing user-preferences can be improved by introducing periodic evaluations. The quality assurance function can also profit from introducing more competition, for example by awarding efforts of private parties to make their plans more sustainable.
The subject of this study is the strategic cooperation of the permanent members in the Security Council in the period 1946 2000. Because of their right of veto the cooperation of the permanent members has a significant influence on the functioning of the Council. The most important aspects of the cooperation that were investigated are the intensity of the cooperation and the ef-fectiveness of this cooperation in preventing and ending wars. To investigate these aspects, for both the intensity and the effectiveness measuring instruments were constructed. These measuring instruments were based on comprehensive sets of so-called 'leading indicators' and statistical methods and techniques. The intensity of the cooperation increased gradually from 1946 until 1990 (the end of the Cold War). Then it started to increase rapidly until 1996. From 1996 a slight decrease can be discer-ned. The strong increase in the strategic cooperation of the permanent members in the security Council can be established in all the majors forms of cooperation in the Council: the numbers of adopted strategic resolutions and presidential statements, the numbers of employed means (like peacekeeping missions and enforcement actions) and the amounts of money that were spent on peacekeeping activities. Further it was established that the response times of the Council regarding potential and waged wars dropped significantly since the end of the Cold War. The effectiveness of the cooperation of the permanent members in the Council was, insofar this was measurable with the applied method, not good for many years, but after the Cold War a clear improvement can be discerned. This goes for the prevention of wars, as well as for post war peacebuilding and the ending of wars. Also the numbers of potential and waged wars in which the Council not intervened dropped significantly since the end of the Cold War, as well as the use of vetoes. The large number of potential and waged wars in which the Council did not intervene during the Cold War was nearly exclusively caused by 'non decisions' (the non placing of wars on the agenda), and not by the use of vetoes by permanent members, as is often assumed in literature. Further, a comparison of two phase classifications of the Cold War showed that the great powers, even when there are great tensions among them, are prepared to cooperate in the Security Council to resolve strategic matters, if they consider this in their interest. Analyses of the adopted strategic resolutions during the Cold War revealed that cooperation here was nearly exclusively limited to issues that were not core issues of the Cold War. From this it can be concluded that cooperation against third party states was a basis of cooperation of the great powers in the Security Council. Finally, the results of this study show clearly that the Security Council was regarded and used to a large extent by the permanent members in the period 1946 2000 as an instrument of foreign policy to pursue their national interests, and not as an instrument of the world community to prevent and end wars.
In: Tromp , G H M 2001 , ' Politiek door de staten : doel- of waarderationeel handelen in het besloten overleg over de Wadden en het openbaar beraad over de ecologische hoofdstructuur ' , Doctor of Philosophy .
POLITICS BY PROVINCE: Goal-oriented rational action or value-oriented rational action in closed debate on the Wadden region and public consultation on the ecological infrastructure General This thesis is a study of political conduct, and of provincial politics in particular. It is based on three research projects. The first two research projects are empirical studies that examine, respectively, the functioning of the discussion platform for government bodies relating to the Wadden Islands area and the relationship between the regional press and provincial political organs. Each of these two projects is based on a defined problem, a theoretical framework, methodology and conclusions. Although both case studies deal with provincial politics, they are completely separate from each other. The third case study is theoretical. It seeks to clarify the rationalization theories of Max Weber and Karl Mannheim, and place the concepts of goaloriented rational action and value-oriented rational action in their theoretical context. This theoretical chapter produces a number of research questions that can be used as a 'rationality grid' to be applied to the two empirical case studies in order to determine what form of action, goal-rational or value-rational, characterizes provincial politics. Chapter One describes the background to the studies and gives a short introduction to the research themes. This chapter also presents a view of contemporary provincial politics and discusses the scientific position from which this thesis has been written, emphasizing the unique role of the sociological vision. How does the government manage the Wadden Sea? The first section examines the way in which the government manages the Wadden Sea. The study is based on an evaluation study of the functioning of the Coördinatiecollege Waddengebied (CCW) in the period 1987 to 1994. The CCW (a platform for administrative consultation between the government, the Wadden provinces and the Wadden municipalities) was set up in 1980 for the purpose of "ensuring coherent administration and an coordinated policy by the government, provinces and municipalities with regard to the Wadden region." The study is based on a bottleneck analysis; in other words, by identifying problems, concrete solutions can be proposed. The evaluation study employed a combination of two popular lines of research in organizational sociology literature – the 'whole-system approach' and the 'parties approach'. In the whole-system approach, shared values or a feeling of solidarity are what unites the organization. In the parties approach, the organization is seen as a coalition of parties with different interests and aims. The parties work together for their own benefit, or because negative sanctions force them to do so. Both approaches are integrated in the 'parties-withina-system' perspective, which focuses on the relationships between the parties and the organization as a whole. This integral approach was used to evaluate the functioning of the CCW because the CCW places great emphasis on shared values and responsibilities, which are the core elements of the whole-system approach. At the same time, however, the CCW is composed of different parties which all have their own tasks, powers and interests – the core elements of the parties approach. This perspective has been tailored to the evaluation of the CCW using the following criteria: shared values, support base, differing interests, power structure, sense of purpose, and success/failure factors. The study is based on qualitative interviews with participants in the CCW platforms, telephone interviews with councillors and members of the States General, dossier analyses and reconstructions from minutes from the CCW consultations on the following cases: enlarging the scope of the Nature Conservation Act; delegation of powers with regard to inspection and control; co-ordination of international activities, problems relating to 'traditional brown shipping'; the review of the Waddenzee II Key Planning Decision, and gas extraction in the Wadden Sea. This treatment of the original research report emphasizes a systematic description of conduct within the context of the administrative co-ordination of the Wadden region, which is usually of a closed nature. The main problem areas are the following: a lack of shared values due to the fact that the purpose of the Wadden consultation platform is given a different interpretation depending on the interests in question; by way of preparation for the Wadden consultations, a process of harmonization takes place within the various authorities, thereby creating an administrative support base. However, this process of preliminary consultation and feedback reveals the other side of the bureaucratic coin – this circuit is, administratively and politically speaking, strongly inward-looking; there are no substantial conflicts of interest between the layers of government. However, mutual suspicion exists with regard to the extent to which other parties are committed to the Wadden policy. Each party suspects that the other parties will ultimately allow economic interests to prevail; with regard to the delegation of authority, the balance of power between the government and the provinces is seen as unacceptable. The continuous lack of consensus, whether manifest or otherwise, is a barrier to discussion on a equal footing; there are various problems relating to the sense of purpose, including the role of the Chairman and the lack of a clear definition/delegation of tasks. This analysis shows that the problems are not related to the structure of the Wadden consultative platform but rather to its culture, and more specifically to the participants' perceptions of the role and responsibilities of the platform. In addition, there appears to be a distinct lack of leadership. The main conclusions are as follows: harmonization within the various Wadden authorities (government, provinces and municipalities) hampers harmonization between the Wadden authorities; the representatives from the three layers of government do not present the role and purpose of the consultative platform in a consistent and uniform way; the CCW is hampered in its work by an ongoing debate about how powers are delegated between the layers of government. Because the analysis of success and failure factors revealed that clearly defined relationships between the government authorities are essential for successful consultation, possible solutions aim to create that clarity. Recommendations have been laid down, for example, relating to the role of the Chairman, drawing up the agenda, and clearly defining the tasks of the various bodies. Although, as far back as 1995, the CCW largely acknowledged the problem areas and supported the proposals for improvement, none of the recommendations will actually be implemented before 2001. Politics and the press on the ecological infrastructure in Friesland and Drenthe Section 2 describes a study of the relationship between the regional press and northern provincial politics. The basis for the study is the political decision-making regarding the establishment of the ecological infrastructure in the provinces of Friesland and Drenthe in the period 1989 to 1996. The conclusion of a survey of the relationship between the printed press and parliamentary democracy is that the main function of the press is to provide information, criticism and comment. The role of information-provider is examined on the basis of the following: actual report of a meeting of the Provincial Councils; a news report giving information about matters relating to the ecological infrastructure in both provinces; a background article describing the context, history and/or different interpretations of matters relating to the ecological infrastructure. The role of critic is examined on the basis of the following: editorial comment; a column in which one of the editors gives his opinion under his own name; opinions of third parties, in which a third party, who is not an editor, is given the opportunity to express an opinion. Using four recent examples, it is then argued that the central question relating to the relationship between politics and the press is one of management – who controls political communication or, put another way, is the relationship determined by 'party logic' or by 'media logic'? The study will compare decision-making on the ecological infrastructure (as this was perceived in decision-making meetings of the provincial councils) with reporting by the regional press in both provinces. The decision-making process of the provincial councils was reconstructed for this purpose. The result is not only an analytical reconstruction of the decision-making surrounding the ecological infrastructure in Friesland and Drenthe, but also a chronicle of provincial political customs and morals. A quantitative and qualitative analysis subsequently shows how the regional press fulfils its role as information provider and critic. The quantitative analysis addresses the question of how often the press fulfils its role as information provider and critic with regard to decision-making on the ecological infrastructure. The qualitative analysis addresses the question of how the press fulfils those roles. It is argued that the quality of the information provided is determined by the degree of objectivity, but that the best measure of quality is a clear standpoint. These conclusions were used to formulate an 'ideal' against which the quality of informative and critical articles can be measured. A factual report is as objective as possible when: it deals not only with the decision itself, but also with the opinion-forming process; it gives the opinion not only of the representatives of official bodies, but also of opponents or those outside such bodies; the reporter does not give his own opinion. A news report or background article is as objective as possible when: it presents more than one perspective and/or quotes more than one authority on the subject. An editorial or column makes a constructive critical contribution when: the author adopts a clear standpoint; the context (history, background or current event) of that standpoint is given; the author describes how the standpoint was reached, and on which information or authorities it is based. Conclusions about the information function: in almost half of the cases, the regional newspapers do not report on provincial council meetings relating to the ecological infrastructure. The people who live in the province, but fall outside a given environmental or agricultural target group, will not become informed about the ecological infrastructure by reading their local newspaper. Neither will they become informed about the role of the provincial government in this; in the reports which do deal with meetings of the provincial councils, there is a lack of balance. Generally speaking, no effort is made in such reports to show the full palette of political colours represented in the provincial council; there is only relatively wide newspaper coverage on occasions when political emotions are running high. Examples are: Friesland in 1993, when an agreement was reached with the agricultural sector, and Drenthe in 1993, when an amended programme of intent for the soil-protection areas was introduced (the agricultural lobby also played an important role in this). This attention from the press can be explained by incident politics. Political groups hold widely different opinions; they make no effort to hide their differences and journalists are keen to pick up on this. Another possible explanation is that, in these cases, ecological policy is heavily influenced by the farming lobby, which itself is strongly supported by influential political groups; the news reports are usually brief and present an event from only one perspective, without a journalistic contribution from the author. This leads to the inevitable conclusion that press releases sent to the newspapers have been published without any further interpretation; the most common simple perspective is that which opposes the ecological infrastructure; there are very few background articles. Background articles that clarify the situation, and outline the problems confronting provincial politicians, are indispensable with regard to a far-reaching and complex plan such as the development of the ecological infrastructure of the two provinces; it is notable that most of the background articles are only written from one perspective, with very little informative context. On the basis of these findings, it appears that the way in which the regional press fulfils its role as information provider leaves room for improvement. Scant attention is paid to council decision-making and the quality of reporting also leaves something to be desired. Little can be said about how the press fulfils the role as critic because so few articles appear in this context. The question Who controls political communication? cannot therefore be answered because the press pays too little attention to provincial politics. Goal-oriented or value-oriented rationality: which form of rationality determines political action? Section 3 examines which form of rationality (i.e. goal-oriented or value-oriented rationality) occurs most in the closed discussions between government bodies in the Wadden study, or in public discussions on the ecological infrastructure from the study of the relationship between politics and the press. For this purpose the rationalization theories from the work of Weber and Mannheim were used. Both Weber and Mannheim recognise increasing instrumental and formal rationality (Weber) and functional rationality (Mannheim) in all areas of life, and a decrease in material rationality (Weber) and substantial rationality (Mannheim). Weber and Mannheim identify the rise and influence of a specific form of instrumental rationality, particularly within economic, legal and bureaucratic institutions. Within such institutions, actions are characterized by goal-oriented rationality. This means that the prevalent institutional pattern of norms and values that more or less prescribes how people should act within the institutions (role-related behaviour) places great emphasis on goal-rational behaviour. In order to establish whether this also applies in provincial politics and administration, a study was made of the conception of rationality in the work of Weber and Mannheim. The question of whether goal-oriented or value-oriented rationality is dominant is addressed by a secondary analysis of the material. The secondary analysis takes the form of a 'rationality grid' that is applied to the material from the two empirical studies. The grid has a coarsely meshed structure that can separate out goal-oriented and value-oriented rationality. Following the study of Weber and Mannheim's concepts of rationality, goal-oriemted rational action is defined in this study as action that is geared towards finding the most appropriate means to achieve a goal that is considered as given. When action is successful in terms of the defined goal, we speak of goal-oriented rational action and formal rationality. Success or effectiveness is therefore the measure for goal-rational behaviour. The essence of this concept is expressed in the following questions: is conduct geared towards resources and procedures within the given of administrative co-ordination or within the structured political (provincial) discussions? are the goals open to discussion? If action is a logical extension of or derives from a higher value or ideal, we speak of 'valueoriented rational action' and 'material rationality'. The extent to which an action is valueoriented is therefore the measure for value-rationality. In this study, value-oriented rational action is defined as action that is based on the assessment of the desirability of a given goal by means of a party-political value system. The essence of the concept, as used in the present context, is expressed in the following question: is the action geared towards assessing the desirability of a particular goal, based on a political value system? Conclusions: 1. With regard to discussion between government bodies on the subject of the Wadden region, the hypothesis was that, within the sphere of formalised and regulated administrative co-ordination in the Wadden region, actions are largely determined by goal-oriented rationality. The purpose of the discussion platform is, after all, to co-ordinate and realise goals defined elsewhere. The hypothesis is confirmed – the Wadden discussion platform is characterized by goal-oriented rational action. But this type of action is not related to the ultimate goal of the discussion platform but rather to another goal: the increasing of the influence and governance of the government layer in question. 2. With regard to the decision-making on the ecological infrastructure in Friesland and Drenthe, the hypothesis was that political decision-making debates are characterized by the discussion of values to be lived up to and aims to be realised. It is therefore to be expected that such debates are mainly characterized by value-oriented rationality. However, the findings do not confirm this hypothesis. The discussions of the provincial councils of Drenthe and Friesland are certainly not goal-rational in nature, yet neither can they be described as valuerational. Actions are indeed geared towards assessing the desirability of a particular goal, but that assessment is not based on a political value system. It is not party-political principles that determine political conduct; it would be more true to say that conduct is based on notions of consistency in terms of policy and support.
In: de Haan , I 2021 , ' De functionele waarde van het lokale enquêterecht : Een onderzoek naar waarheidsvinding met en proportioneel gebruik van het lokale enquêterecht ter versterking van de controlerende rol van de gemeenteraad ' , Doctor of Philosophy , University of Groningen , [Groningen] . https://doi.org/10.33612/diss.155876015
Since the dualization of the municipal administration in 2002, the municipal council has access to the right of local inquiry to strengthen its supervisory role. This control instrument gives the municipal council extensive control powers, such as the possibility to hear witnesses under oath. These powers are a means for the municipal council to obtain - whether or not under duress - all factual information regarding the conduct of the council and the mayor. Thus, right of local inquiry serves as a tool with which the council and the mayor can be monitored to ensure the best interest of the population. A precondition for the local right of inquiry is that the control instrument is used proportionally. There has not been much research to determine the extent to which local right of inquiry actually strengthens the supervisory role of the municipal council. This paper, aims to address this gap hence it forms the basis of the thesis. In order to answer this question, the local right of inquiry has been examined normatively and empirically. The normative study, in which the regulations of the local right of inquiry were compared with the expectations of the control instrument, shows that the summary regulation contains many bottlenecks. The consequences of these bottlenecks have been empirically investigated by (among others) examining all local inquiries up to 2019. This revealed that municipal councils rely on obtaining information through local inquiries which do not present factual information. This hinders the process of obtaining the actual on ground information. Moreover, the control instrument is only sporadically used proportionally. Another fact that came to light was that the local right of inquiry is of value for various (political) accountability relationships. This is a gross misuse as the control instrument is not intended for this purpose. In light of the summarized aforementioned findings, it has been established that the local right of inquiry does not strengthen the supervisory role of the municipal council as expected, but legal amendments can be implemented to rectify this.
In the beginning, there was the word. The early evolution of parliament in the mediaeval princedoms of the Netherlands'Parliaments' or representative political institutions in the princedoms of the Low Countries came about as a result of political practice rather than any legislative initiative. There is a clear link with the early and exceptional degree of urbanisation: the earliest manifestations of institutions that deal with aspects that could be described as representing the people appear in an urban context. From the protection and promotion of the interests of the urban elites grew the practice of limiting the princely manifestations of power or at least subjecting them to some control from the top down. This practice resulted in the development of a political culture in which basic values such as communication, participation and co-management played a central role. However, the final result was not entirely flawless: a tendency towards oligarchy among those in representative functions and a complex entanglement of financial interests reduced the effectiveness of the institutions, while the growth of princely power and the accumulation of coercive power in the hands of the prince was not held in check by any form of critical opposition from those who represented the people.
Het exclusief karakter van het eigendomsrecht houdt in dat op een bepaald moment, een bepaald goed niet onderworpen kan zijn aan de omvattende bevoegdheden van meer dan één eigenaar tegelijk. Dit exclusiviteitbeginsel wordt vooralsnog bestempeld als één van de wezenskenmerken van het eigendomsrecht. Het zag reeds lange tijd geleden het levenslicht en is dus ontstaan in een bepaalde context, met een bepaald gedachtegoed als achtergrond. Onze samenleving is echter voortdurend onderhevig aan verandering. Economische, politieke, godsdienstige en culturele ontwikkelingen leiden ertoe dat we ons continu moeten aanpassen, ook op juridisch vlak. Het recht lijkt echter niet altijd mee te evolueren. Met name het exclusiviteitbeginsel noopt tot een herziening om aan de realiteit tegemoet te komen.
Stukken Relatif Aen De Differenten Tusschen Haare Hoogheid Mevrouwe De Princesse Wisniowieska, Gebore Princesse Van Radzivil; Hier bevorens Gemalinne van zyn Excellentie Den Heer Graaf Van Flemming, Veld-Marschalk Van Saxen, [et]c. En Zyn Excellentie den Heer Graaf Van Flodroff-Wartensleben, Heere van Borculo, Leewen, Dorth, Loeuth, en Stavenesse ; Erscheinungsjahr nach Datierung im Text geschätzt