Administrative law (bestuursrecht, also known as administratief recht) is an essential part of the legal system. Whereas civil law governs relations between citizens, administrative law governs the relationship between citizens and the government. It defines the procedures and rules that government bodies must follow when taking decisions that have an impact on individuals or organisations, such as granting permits, awarding subsidies or imposing sanctions. Central to administrative law is the General Administrative Law Act (Algemene wet bestuursrecht, Awb), which sets out, among other things, how the government must prepare and announce its decisions, as well as the time limits within which these must be taken. Administrative proceedings give citizens the opportunity to take action against these government decisions, following a structured process aimed at safeguarding their rights and interests. This page describes the situation in the Netherlands.
Administrative law and administrative proceedings
Administrative law, also called administratief recht, governs the relationship between the government and the individual citizen. This area of law covers the legal rules that government bodies must follow when taking decisions that can have direct consequences for citizens or businesses, such as awarding benefits, granting or withdrawing permits and carrying out enforcement action. When citizens disagree with a decision of an administrative body, administrative proceedings offer the opportunity to lodge an objection (bezwaar) and, if necessary, to lodge an appeal with the competent court. Think of the scenarios below.
- Lodging an objection against decisions of the Dutch Tax Administration (Belastingdienst).
- Lodging an objection against decisions about benefits, such as refusals or claims for repayment.
- Issues around the personal budget (persoonsgebonden budget) and support under the Social Support Act (Wet maatschappelijke ondersteuning, Wmo), for example relating to the application for a mobility scooter.
- Objection procedures against WOZ property valuation decisions (WOZ-beschikkingen), environmental permits and planning damage (planschade).
- Appeals against refusals of visas, residence permits and asylum applications.
- Options for claiming compensation from the government.
A characteristic of administrative law is that a court will only hear the case if there is a direct interest. This means that you yourself must have an interest in a ruling in the case. This can be an individual or a collective interest. There are various things you can do if you disagree with the decision of an administrative body. For example, you can appeal or ask for a provisional measure (voorlopige voorziening). In the appeal procedure, it is also possible to obtain compensation from the government.
Appealing to the administrative court
If you disagree with the decision of a government organisation, you can first lodge an objection. You do this with a notice of objection (bezwaarschrift). The government organisation will then announce its decision on the objection. The government organisation will also state within what time limit and how you can appeal. Who hears the appeal depends on the type of government decision. In some cases, you can go to the ordinary district courts, for example in cases about the refusal of subsidies or cases relating to asylum applications. In some cases, you must go to one specific court. For example, only The Hague District Court (Rechtbank Den Haag) hears appeals against decisions under the Defence Personnel Act (Wet ambtenaren defensie), such as employment matters of military personnel (Article 6 of the Administrative Jurisdiction Competence Regulation, Bevoegdheidsregeling bestuursrechtspraak, under the Awb). The appeal procedure may also go through the Trade and Industry Appeals Tribunal (CBb, College van Beroep voor het bedrijfsleven), the Central Appeals Tribunal (CRvB, Centrale Raad van Beroep) or the Council of State (Raad van State).
- Submit a notice of appeal
After the administrative body has rejected the objection, you start the appeal procedure by submitting a notice of appeal (beroepschrift). This must be done within six weeks of the decision on the objection. The notice of appeal contains your details, a description of the decision you are appealing against and your arguments.
- Response of the administrative body
After receiving the notice of appeal, the district court or other competent body (CBb, CRvB or RvS) informs the administrative body and any other interested parties about the appeal procedure. The administrative body, now the opposing party, is asked to write a statement of defence (verweerschrift) and to supply the relevant documents. These documents are also sent to you.
- Submit additional documents
You have the option of submitting additional documents, for example in response to the statement of defence of the administrative body. This must be done no later than ten days before the hearing, to give the parties enough time to study the documents. Other interested parties can also submit documents.
- Hearing
Most appeal cases are dealt with at a hearing. You will receive an invitation or a summons for the hearing with details of the date and location. Your attendance may be mandatory or voluntary. With an invitation, you are not required to attend; with a summons, you are. The hearing is in principle held in public. If defects in the decision are found, the court can give an interim ruling, giving the administrative body the opportunity to remedy the defect.
- Ruling
The court gives its ruling within six weeks of the hearing. If the court needs more time, you will be informed. The ruling can declare the appeal well-founded or unfounded. You may be awarded compensation. The ruling is given in public. If you disagree with the ruling, you can lodge a further appeal (hoger beroep).
Direct appeal
When submitting the notice of objection, it is possible to ask the administrative body to agree to a direct appeal (rechtstreeks beroep) to the administrative court. In this case, the objection procedure is skipped and you put the case straight to the administrative court together. This way, you avoid losing time on a procedure that will not produce a solution anyway. A direct appeal is generally only intended for special cases, for example if it concerns a purely legal question or if it is already clear in advance that you will not reach agreement. The government organisation decides for itself whether or not it agrees to the direct appeal. If the government organisation does not agree, the notice of objection will simply be dealt with. Also, if the court does not agree to the direct appeal, the government organisation will simply deal with the notice of objection.
Administrative law and provisional measures
A provisional measure in administrative law is an urgent procedure in which you can ask the court for a temporary measure pending the outcome of an objection or appeal procedure. This procedure is relevant if you experience immediate disadvantage or damage from a decision and cannot wait for the outcome of the main proceedings.
- Submit a request
Start by submitting a petition to the competent district court, the court of appeal or the appeal tribunal. Before you can do this, you must first start an objection or appeal procedure. Attach to the petition all relevant documents that support your position.
- Defence by the administrative body
After receiving the request, the court informs the administrative body and any other interested parties that the procedure has started. The administrative body is asked to submit a statement of defence and to supply all relevant documents in the case.
- Supply additional documents
Up to one day before the hearing, you can supply extra information that supports the case. If you supply these documents later, the court may no longer be able to take them into account.
- Hearing and ruling
The case is usually dealt with at a hearing, unless the court decides that this is not necessary. The parties receive an invitation to the hearing with details of the date and location. At the end of the hearing, the court can give its ruling orally or decide to give a written ruling shortly afterwards. The ruling may mean that the measure is granted or refused, or that a final judgment on the case is given straight away.
Cost of administrative proceedings
An appeal procedure always comes with costs. For example, you have to pay the court fee (griffierecht), and you will also face other costs, such as lawyer's fees or mediation costs. In administrative proceedings, hiring a lawyer is not mandatory, but it is advisable. Even in an appeal to the Central Appeals Tribunal or the Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State), a lawyer is in theory not mandatory. If you lose the administrative proceedings as a citizen, you will as a rule not be ordered to pay the government's costs; that is only possible in the event of manifestly unreasonable use of procedural law (Article 8:75 Awb). If you win, you get back the court fee you paid (Article 8:74 Awb) and can receive compensation for your legal costs. That compensation is a fixed-rate amount: the costs of legal assistance are reimbursed according to fixed amounts from the Administrative Law Legal Costs Decree (Besluit proceskosten bestuursrecht) (Article 8:75 Awb), so it often does not cover all actual lawyer's fees. Your legal expenses insurance may provide assistance in administrative proceedings. Ask your legal expenses insurer about this.
Frequently asked questions about administrative law and administrative proceedings
The importance of administrative law cannot be underestimated. Citizens and the government are constantly in contact with each other, and it is important that this relationship is properly regulated and managed. Administrative law provides a framework for how government decisions are taken and announced, and how citizens can appeal against them if necessary. This area of law ensures that the power of the government is not unchecked and that citizens are protected against arbitrary decisions. This FAQ answers some frequently asked questions about administrative law.
What is administrative law?
Administrative law, also known as administratief recht, regulates the relationship between the government and individuals or organisations. It contains rules that government bodies must follow when taking decisions that affect citizens, such as whether or not to grant permits and subsidies, and enforcement action.
What does administrative law regulate?
Administrative law regulates how government decisions are made, how they are announced and how citizens can object to them or appeal against them. It also ensures that these decisions are taken in a fair and transparent way.
What are administrative proceedings?
Administrative proceedings are the process followed when someone disagrees with a decision of a government body. This can start with an objection procedure with the body itself and can, if necessary, be followed by an appeal to the competent court.
How do administrative proceedings work?
The procedure starts with submitting a notice of objection to the administrative body that took the decision. If this objection is rejected, you can appeal to the competent court.
Where do I lodge an appeal in administrative law?
Where you have to lodge an appeal depends on the type of decision and which administrative body took it. This can range from an ordinary district court to specialised tribunals such as the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal.
When am I an interested party in administrative law?
You are an interested party (belanghebbende) for the purposes of administrative law if you experience direct consequences from a government decision. This may be because you live near a planned building project or because you receive a benefit that is changed or withdrawn. According to the General Administrative Law Act, you are an interested party if your "interest is directly affected by a decision".
Why is administrative law important?
Administrative law is important because it ensures balanced and fair treatment of citizens by the government. It gives citizens the opportunity to stand up against decisions that harm their rights or interests, which keeps the power of the government in check.