The government is obliged to substantiate its decisions. This means that it must clearly explain why a specific decision has been taken. This principle is called the motivation requirement.
What does the motivation requirement entail?
According to Articles 3:46 and 3:47 of the General Administrative Law Act (Awb), a decision must be based on a solid substantiation. The administrative authority must clarify:
- Which factual circumstances form the basis of the decision
- Which legal rules are applicable
- What the reason is for the decision taken
- How different interests have been balanced against each other
Conditions for good motivation
| Criterion | Explanation |
|---|---|
| Convincing | The substantiation must fully support the decision |
| Clear | The motivation must be explicitly stated in the decision |
| Comprehensible | The explanation must be understandable to the citizen |
| Comprehensive | All relevant points must have been included |
When does the motivation fall short?
- If there is only a reference to policy without further explanation
- If the arguments of the interested party are ignored
- If the considerations contradict each other
- If special circumstances are not sufficiently addressed
- If there are factual errors in the motivation
What happens in case of inadequate motivation?
A decision with inadequate substantiation can be overturned by the court. Often, the administrative authority then gets the opportunity to correct the problem with an improved motivation.
Reference to previous substantiation
In a decision on objection, the administrative authority may fall back on the original motivation, provided that:
- That substantiation is still relevant
- The objections are adequately refuted
Frequently asked questions about the motivation requirement
Is extensive motivation always required?
The degree of motivation depends on the nature of the decision. A weighty decision requires a more detailed explanation than a routine decision.
Can I lodge an objection solely due to poor motivation?
Yes, inadequate motivation is a valid ground for objection. This can lead to the annulment of the decision, after which a new decision must follow.
Can the government provide additional explanation afterwards?
During objection or appeal, the motivation may be expanded, but the core of the substantiation must already be in the original decision.
Contact and support in Westland
For legal assistance with motivation issues in Westland, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the district of the District Court of The Hague.