In a constitutional state, the government is bound by law. Therefore, it must also be clear who the government is, and who is bound by certain rules. The government concept from the General Administrative Law Act has several ambiguities and the question is whether this concept always correctly delimits the government. This question certainly arises when government tasks are performed by private parties.
The General Administrative Law Act is of great importance in the Dutch rule of law, as it provides rules on the government's administrative actions. These rules provide citizens with safeguards against government action and should therefore always apply when a government is involved. Manon Hermans' PhD research investigates whether the current government concept from the Awb, the concept of administrative body), is adequate.
An investigation into the government concept from the General Administrative Law Act, i.e. the administrative body concept, is extra important because the General Administrative Law Act is a system law in our administrative law. This law is therefore relevant to almost all administrative law issues!
Researching the administrative body concept can also contribute to the further development of administrative law and the General Administrative Law Act. The questions ‘who is government?’ and ‘to whom do these rules apply?’ are always important when adapting and developing administrative law.