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Project

Autonomous government. Towards a general legal framework for the creation and regulation of autonomous public bodies.

In Belgium, as well as abroad and within the E.U., important governmental tasks are more and more entrusted to autonomous public bodies, being entities in either a public or a (semi-)private legal form, with or without legal personality, that function at a certain distance from the core administration. In consequence of this evolution towards more autonomous government, fundamental questions arise as to the legal possibilities and limits of autonomous government and the democratic status of these entities. Recently, framework regulation has been developed in this context in several legal systems, but due to the frequent departures of this framework and the limited amount of issues which are arranged in it, the questions and problems remain. The research project aims at the development of a general legal framework on autonomous government. Which rules and principles of public law govern the creation and functioning of autonomous public bodies or should govern these? Are the traditional rules and principles of public law applicable to these autonomous bodies? Suchlike legal framework is necessary for the legislator who wants to create framework regulation, for the government that wishes to create autonomous bodies, for the autonomous public bodies themselves and for the supervising organs. It can also serve as an interpretative frame by which the various legal questions that arise today can be solved.
Date:1 Jul 2013 →  31 Dec 2017
Keywords:PUBLIC ADMINISTRATION, AUTONOMOUS GOVERNMENT, ADMINISTRATIVE LAW, FUNCTIONS OF ADMINISTRATIVE BODIES
Disciplines:Law