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Decision-Making after Advice from the Objections Committee

The administrative authority decides after advice from the objections committee, but must motivate deviations (art. 7:14 Awb). The advice is not binding, but ignoring it increases chances of success in appeal before the court.

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Decision-Making after Advice from the Objections Committee

After receiving the advice from the objections committee, the administrative authority takes a decision on objection, as provided for in Article 7:14 Awb. The advice is not binding, but the administrative authority must motivatedly incorporate it into the decision.

Obligations of the Administrative Authority

  • Motivation: Deviation from the advice requires extensive explanation.
  • Time Limit: Decision within 12 weeks after the hearing.
  • Notification: The objector receives the decision with the advice attachment.

Consequences of Deviation

If the administrative authority ignores the advice, this increases the chance of appeal to the administrative court. Case law, such as rulings from the Council of State, emphasizes that advices carry significant weight. In 70% of cases, the administrative authority follows the advice, according to statistics from the Council for the Judiciary.

This mechanism balances the autonomy of the administrative authority with control by independent advisors, thereby strengthening legal certainty.

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