The general principles of proper administration (abbb) form the basic rules that the government, including in Westland, must comply with. Failure to follow them may lead to the nullity of a decision.
What do the abbb entail?
The general principles of proper administration are guidelines that oblige the government to act fairly and carefully in decision-making. Some of them are laid down in the General Administrative Law Act (Awb).
Essential principles
| Principle | Explanation |
|---|---|
| Principle of due care | Thorough investigation and proper preparation of decisions |
| Reasoning principle | A decision must be clearly substantiated |
| Proportionality principle | The measure must be appropriate to the intended objective |
| Equality principle | Treat similar situations equally |
| Legitimate expectation principle | Government promises must be honoured |
| Legal certainty principle | Citizens must be able to rely on consistent decisions |
| Fair play principle | Transparent and fair conduct |
Use in objection and appeal in Westland
Citizens of Westland can invoke the abbb in objection or appeal:
- 'The decision has not been carefully prepared'
- 'The substantiation of the decision is unclear'
- 'My situation has been treated unequally compared to others'
- 'I relied on an earlier assurance from the municipality'
Consequences of violation
If an administrative body, such as the municipality of Westland, violates a principle, the court may declare the decision invalid. The body must then take a new, lawful decision.
Frequently asked questions about abbb in Westland
Can I always invoke the legitimate expectation principle?
No, this is only possible if a clear and specific promise has been made by an authorised official.
How do I prove a violation of the equality principle?
You must demonstrate that your situation is comparable to other cases that have been treated differently by the government.
Are the principles laid down by law?
Partly yes. Some, such as due care and reasoning, are in the Awb, others are based on case law.
Practical questions and answers
When can I challenge a decision in Westland on the basis of the abbb?
You can challenge a decision if the municipality of Westland has violated a principle, such as lack of due care or unequal treatment. This can be done via an objection letter to the municipality or by filing an appeal with the District Court of The Hague. Provide evidence, such as documents or comparable cases.
What distinguishes the principle of due care from the reasoning principle?
The principle of due care obliges the government to properly prepare a decision, for example by gathering facts. The reasoning principle requires that the reasons for the decision be clearly explained. A decision may be carefully prepared but still unlawful without proper reasoning.
How do I prove that the proportionality principle has been violated?
You must prove that the government's measure is disproportionate in relation to the objective. For example: a high fine for a minor violation in Westland. Compare your case to other situations or argue that a lighter sanction would have sufficed.
What if the court annuls a decision due to violation of an abbb?
Upon annulment, the decision lapses legally. The municipality of Westland must then take a new decision that complies with the principles. Sometimes the court decides itself or sets a deadline for a new decision via the District Court of The Hague.
Can I claim damages for violation of an abbb?
Yes, provided you have suffered demonstrable damage due to the unlawful decision. You must prove the connection between the violation and the damage, via a civil procedure or a request to the municipality of Westland.
Do the abbb also apply to the municipality of Westland?
Absolutely. These principles apply to all administrative bodies, including the municipality of Westland and other local authorities. They must act in accordance with rules of due care, equality and reasoning.