Ex tunc-toetsing
Ex tunc review
Ex tunc review is the assessment of a decision on the basis of the facts and the law as they stood at the time the decision was taken.
Ex tunc review is a method of judicial review in administrative law whereby the court assesses whether a decision was lawful at the time it was made. Subsequent facts or legislative amendments are disregarded.
This form of review promotes legal certainty, since decisions cannot be assessed retrospectively on the basis of new circumstances. In practice, ex tunc review is frequently applied in proceedings concerning permits, enforcement decisions and objections.
The term serves as the counterpart to ex nunc review, in which the situation prevailing at the time of the court’s ruling is decisive.
“The court applied ex tunc review and held that the decision had been lawfully made at the time, having regard to the rules then in force.”
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