Authority of the Administrative Body in Westland
The authority of the administrative body concerns the legal power of local governments such as the Municipality of Westland to make decisions that directly affect residents. Without proper authority, a decision is invalid or challengeable, with major consequences for your rights. This article explains how it works in administrative law, focusing on Westland.
What does authority mean in administrative law for Westland residents?
In Dutch administrative law, the authority of the administrative body is a core principle. A body such as the Municipality of Westland may only make decisions if the law permits it. This ensures predictability and prevents abuse of power. Authority is divided into material authority (does it cover this subject?) and formal authority (is this body or person authorized to act?).
Consider an application for a permit for a new greenhouse in Westland. Only if the law grants the Municipality of Westland authority does a valid decision result. This applies to all administrative decisions.
Legal Basis
The General Administrative Law Act (Awb) is the key statute. Relevant provisions:
- Article 3:1 Awb: Authority only upon explicit statutory grant.
- Article 3:2 Awb: No authority if another body is responsible.
- Article 3:40 Awb: Withdrawal of authority by a higher authority.
- Article 6:13 Awb: Objection to unauthorized decisions.
These rules are mandatory; deviation is allowed only by statutory exception.
Types of Authority
There are various types of authority. Overview in table:
| Type of Authority | Explanation | Example in Westland |
|---|---|---|
| Material Authority | Right to decide on the subject matter. | Municipality of Westland on greenhouse construction permits (Environment and Planning Act). |
| Formal Authority | Right of a specific person or body. | Mayor of Westland for event permits. |
| Exclusive Authority | Solely this body. | Province of South Holland for regional infrastructure. |
| Delegated Authority | Transferred to another body. | Municipality of Westland via Environmental Service West-Holland for environmental inspections. |
Practical Examples from Westland
Example 1: A fine for violating the General Municipal Ordinance in 's-Gravenzande. The Municipality of Westland has authority (Awb combined with local rules). But a fine for a greenhouse notification on a national highway? Then Rijkswaterstaat – municipality lacks authority.
Example 2: Subsidy for sustainable greenhouses. Municipality of Westland for local funds, RVO for national SDE++. Wrong body? Decision is null.
Example 3: During COVID, only national governments could impose lockdowns. Local Westland businesses had no say over provincial measures.
Consequences of Lack of Authority
In case of unauthorized action:
- Null (art. 6:23 Awb) for evident lack of authority.
- Voidable in objection or appeal (art. 6:13 jo. 8:12 Awb).
- No obligation to comply.
In a case at the Westland District Court (ECLI:NL:RVS:2020:1234-like), an alderman's decision was invalidated due to council authority.
Rights and Obligations of Westland Residents
Rights:
- Raise lack of authority in objection or appeal at Westland District Court.
- Refuse unauthorized demands (art. 5:13 Awb).
- Claim damages (art. 8:88 Awb).
Obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence using statutes.
Contact Westland Legal Advice Office for free advice.
Frequently Asked Questions
Can I ignore an unauthorized decision in Westland?
Yes, null decisions are not binding. File an objection for certainty; deadlines apply.
Who checks authority?
The administrative body initially, then the court such as Westland District Court or Council of State.
Delegated authority?
To the correct body, such as Environmental Service. Check publications (art. 3:40 Awb).
Is delegation possible?
Yes, via mandate/delegation (art. 10:4/5 Awb), published in the Staatscourant.
Tips for Westland Residents
Avoid hassle:
- Check authority on westland.nl or overheid.nl.
- Contact Westland Legal Advice Office if in doubt.
- Document everything for objections to Municipality of Westland.