Toetsing van deskundigenadviezen door de bestuursrechter

Abstract

If an administrative body bases its decision on an expert opinion, and that opinion is contested, the administrative judge will have to assess the expert opinion. For that assessment, specialized knowledge is often necessary. Knowledge an administrative judge usually does not have. The same applies when a counter-opinion is submitted in the proceedings or when the judge himself asks an expert for his opinion. This thesis focuses on the question how the administrative judge assesses these opinions. It also discusses how an administrative judge assesses whether the principle of equality of arms has been breached in cases where an administrative body has based its decision on an expert opinion. The research has shown that the judge assesses both the procedural aspects of an opinion and its content. The procedural aspects are subject to a full judicial review. The content of an opinion, however, is subjected to a (more) limited review, usually due to a lack of specialized knowledge. This begs the question if the review can be intensified. This thesis identifies several possibilities for the administrative judge to intensify the review. It also sets out the pros and cons of each of the possibilities. The conclusion is that the review can be intensified, but that none of the possibilities provide for an ideal solution.