In administrative law, a decision is a formal written pronouncement by an administrative authority. You can lodge an objection against such decisions or appeal them. It is essential to understand whether an action is regarded as a decision.
What does a decision mean?
In accordance with Article 1:3 of the General Administrative Law Act (Awb), a decision is defined as:
A written pronouncement by an administrative authority that constitutes a public law act.
Characteristics of a decision
- Written form: an oral pronouncement does not count as a decision
- Issued by an administrative authority: comes from a government body
- Public law character: based on a statutory power
- Legal effect: intended to create rights or obligations
Types of decisions
| Type of decision | Explanation | Example |
|---|---|---|
| Individual decision | Aimed at a specific case | Subsidy, permit |
| General regulation | Applicable to a broad group | Traffic regulation, zoning plan |
| Policy guideline | Guideline for the exercise of powers | Policy on enforcement |
What does not qualify as a decision?
- Practical actions (for example, placing a road sign)
- Private law agreements (such as a lease agreement)
- Oral pronouncements
- Letters without legal consequences
- Internal documents or advice
Importance of this knowledge
Only against official decisions can you take legal steps such as objection or appeal. If something is not a decision, you may need to go to a different court, such as the civil court.
Frequently asked questions about decisions in Westland
Can an email be regarded as a decision?
Yes, an email can be a decision if it contains a written decision with legal consequences. The medium is less important than the content.
Is a rejection also a decision?
Yes, a rejection qualifies as a decision because it has legal consequences: you do not receive what you have applied for.
How do I recognise a decision?
Check whether it is in writing, originates from an administrative authority, and whether it has legal consequences (for example, it changes rights or obligations).
Contact and support in Westland
For legal advice on decisions and objection procedures in Westland, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the District Court of The Hague.