Décision judiciaire de Raad van State, 7 mai 2021
Date de Résolution | 7 mai 2021 |
Juridiction | Nietigverklaring |
Nature | Arrest |
Zoals de RvS heeft overwogen in zijn arrest nr. 156.436 van 16 maart 2006, voorziet art. 58 bestuurstaalwet geenszins in een facultatieve bevoegdheid, maar is de overheid er toe verplicht op verzoek van elke belanghebbende de handelingen te vernietigen die in strijd zijn met de bestuurstaalwet. Terecht wijst de verzoekende partij er op dat de aangewezen ambtenaar art. 58 van de bestuurstaalwet geschonden heeft door niet, zoals zij in haar beroepschrift had gevraagd, de nietigheid vast te stellen van het besluit van de sanctionerende ambtenaar.
De schendingen van de bestuurstaalwet, waardoor haar rechten van verdediging zijn beknot, de openbare orde raken.
Het door de verzoekende partij...
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