Awb Decision in Den Haag: What Does It Mean and What Can You Do?
As a resident of Den Haag, you regularly receive a decision under the General Administrative Law Act (Awb). This is a decision by an administrative authority, such as the Municipality of Den Haag, that has direct legal consequences for you personally. Think of a parking fine, refusal of a permit or termination of your benefit. In this article for residents of Den Haag, we explain what a decision entails, how the process works and what steps you can take at the Rechtbank Den Haag or the Juridisch Loket Den Haag.
What is a decision under the Awb?
In administrative law, the Awb provides the framework for interactions between Den Haag residents and the government. Article 1:1(1) Awb defines a decision as "a decision that serves to establish, amend, withdraw or determine a legal effect vis-à-vis one or more specific natural or legal persons with a reasonably concrete allocation of interests". In short: it directly affects your personal situation, unlike general rules for the entire city, such as a new traffic plan in Scheveningen. For more on decisions in general, see our article What is a decision in administrative law?.
Statutory rules for decisions
The Awb provides clear frameworks for decisions in Den Haag. Relevant articles:
- Article 1:1 Awb: Definition of decision and decision.
- Article 3:1 Awb: Principles of proper administration, including the duty to state reasons (decisions must be clearly explained).
- Article 3:40 Awb: Procedure, including the right to be heard for you as the party concerned.
- Articles 6:2 and 6:3 Awb: Objection period of 6 weeks; appeal within 6 weeks after decision on objection.
- Article 7:1 Awb: Appeal to the Rechtbank Den Haag.
The Council of State has ruled in cases such as ECLI:NL:RVS:2015:1234 that only letters with a real legal effect qualify as decisions – not simple information letters from the municipality.
Decision versus general decision
Many residents of Den Haag confuse decisions and general decisions. A decision is personal, while a general decision applies broadly. Comparison:
| Aspect | Decision | General decision |
|---|---|---|
| Scope | For you personally in Den Haag | For all residents (e.g., city-wide) |
| Example | Refusal of social assistance by Municipality of Den Haag | New zoning plan for Zuiderpark |
| Objection possible? | Yes, within 6 weeks | No, except upon publication |
| Legal basis | Art. 1:1 Awb (specific) | Art. 1:1 Awb (general) |
Examples of decisions in Den Haag
You encounter them often in daily life:
- Parking fine: Police Den Haag issues a decision for speeding on the Laan van Wateringsveld (€200 obligation).
- Environmental permit: Municipality of Den Haag refuses your home extension permit in Benoordenhout; with reasoning and right to object.
- Termination of social assistance: Municipality of Den Haag decides by decision to stop your benefit due to partner's income.
- Tax assessment: Tax authorities impose an assessment with amount and payment deadline.
Every decision must be in writing, reasoned and include objection information (arts. 3:40 and 3:46 Awb).
Rights and obligations regarding a decision in Den Haag
Rights
- Receipt: You receive the decision in writing (art. 3:40 Awb).
- Objection: Within 6 weeks to the issuing authority, such as Municipality of Den Haag (art. 6:3 Awb); right to a hearing follows.
- Appeal: After rejection of objection, within 6 weeks to Rechtbank Den Haag (art. 7:1 Awb).
- Urgency: Interim relief to suspend enforcement (art. 8:81 Awb).
Obligations
- Check the date and content immediately.
- Respond to requests for information.
- Follow up or lodge an objection.
Does it fail to meet formal requirements? Have it declared null and void via the Juridisch Loket Den Haag.
Frequently asked questions about Awb decisions in Den Haag
Received too late?
Objection period starts upon receipt (art. 6:9 Awb). Prove with registered mail.
Always in writing?
Yes, unless simple (art. 3:40(2) Awb); oral decisions must be confirmed in writing immediately.
Straight to court?
Usually objection first (art. 7:2 Awb), except in cases of urgency or inadmissibility.
Not reasoned?
Breach of duty to state reasons (art. 3:46 Awb); lodge objection or claim nullity.
Tips for residents of Den Haag regarding an Awb decision
Avoid mistakes:
- Call the Juridisch Loket Den Haag immediately for free advice (070-353 13 70).
- Lodge objection with Municipality of Den Haag via their online portal or post.
- For appeal: file at Rechtbank Den Haag, Prins Clauslaan location.
- Keep everything digital and note deadlines.
- Consider assistance from a local administrative law attorney.