About this project
What is the parties' role in the administrative courts' determination of facts? In the absence of a regulation in the General Administrative Law Act, use is made of Article 149(1) of the Code of Civil Procedure, which states that what is undisputed shall be regarded by the court as established fact. Based on extensive case law research, it is examined whether the administrative law judge in the first instance follows this rule.
The thesis is that facts that are not (sufficiently) refuted do not qualify for (further) proof. The aim is to gain insight into when the administrative judge comes to a fact-finding without evidentiary incidents.