| | KLEYN AND OTHERS v. THE NETHERLANDS - 39343/98;39651/98;43147/98;... [2003] ECHR 226 (6 May 2003) |
 | | The decision-making process had related one-sidedly to the solution chosen, namely the construction of the Betuweroute railway, it having been decided at the outset that that was beneficial for the national economy and the environment; an expert analysis of the information on which the outline planning decision was based had not been sought. |
 | | Secondly, the legal questions addressed were different because the advice only dealt with questions of procedure and participation and not the question of the necessity of the actual routing in the light of the applicants’ rights and interests, unlike the decision on their appeals against the routing decision. |
 | | The central question raised is whether, in the circumstances of the present case, the combining of the advisory and judicial functions within the Council of State was capable of casting doubt on the institution’s structural impartiality sufficiently to vitiate the impartiality of the Chamber of the Administrative Jurisdiction Division which determined the applicants’ appeals. |
| www.worldlii.org /eu/cases/ECHR/2003/226.html (16605 words) |