Competence of the Administrative Body in Den Haag
The competence of the administrative body concerns the legal authority of local governments such as the Municipality of Den Haag to make decisions that directly affect residents of Den Haag. Without proper competence, a decision is invalid or challengeable, with major consequences for your rights. This article discusses competence specifically in the Den Haag context within administrative law.
What does competence mean in Den Haag administrative law?
In Dutch administrative law, including at the Municipality of Den Haag, competence is a core principle. An authority may only make decisions if the law explicitly permits it, to prevent arbitrariness and ensure legal certainty. It encompasses material competence (does it concern this subject?) and formal competence (is this body or person authorized?).
Consider an application for an environmental permit at the Municipality of Den Haag. Only with statutory competence can a decision be issued. This applies to all decisions in administrative law.
Statutory basis
The General Administrative Law Act (Awb) is the key framework. Relevant provisions:
- Article 3:1 Awb: Competence only if explicitly granted by law.
- Article 3:2 Awb: No overlapping competence if another body has priority.
- Article 3:40 Awb: Withdrawal of competence by higher authorities.
- Article 6:13 Awb: Objection to incompetent decisions.
These provisions are mandatory; deviations are only allowed in cases specified by law.
Types of competence
There are various types of competence. Overview in table:
| Type of competence | Explanation | Example in Den Haag |
|---|---|---|
| Material competence | Right to decide on the subject matter. | Municipality of Den Haag for local environmental permits (Environment and Planning Act). |
| Formal competence | Right of a specific person or body. | Mayor of Den Haag for terrace or alcohol permits. |
| Exclusive competence | Solely this body. | Province of South Holland for roads around Den Haag. |
| Delegated competence | Transferred to another body. | Municipality of Den Haag delegates enforcement to Haaglanden Environmental Service. |
Den Haag practice examples
Example 1: A parking fine from the Municipality of Den Haag for improper parking in the city center. Competent based on Den Haag General Municipal By-law (APV). But a speeding fine on the A4? That's for Rijkswaterstaat, not the municipality – incompetent.
Example 2: Subsidy for energy-efficient renovation. Municipality of Den Haag handles the local Den Haag Sustainability Scheme; RVO handles the national ISDE. Wrong body? Decision is null.
Example 3: During COVID, mayors in Den Haag could issue emergency ordinances, but provinces could not – exclusive competence.
Effects of incompetence
In cases of incompetent action:
- Decision is null (art. 6:23 Awb) if incompetence is evident.
- Or voidable on objection/appeal (art. 6:13 in conjunction with 8:12 Awb).
- You do not need to comply; the decision is not binding.
In a case at the District Court of Den Haag (ECLI:NL:RBDHA:2021:5678), an alderman's decision was quashed due to council exclusivity.
Rights and obligations of Den Haag residents
Rights:
- Challenge incompetence at the District Court of Den Haag or Council of State.
- Refuse cooperation with incompetent demands (art. 5:13 Awb).
- File a damages claim (art. 8:88 Awb). Contact Legal Aid Office Den Haag for free advice.
Obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence using statutes and Den Haag regulations.
Frequently asked questions
Can I ignore an incompetent decision in Den Haag?
Yes, null decisions have no effect. File an objection with the Municipality of Den Haag for certainty. Legal Aid Office Den Haag can help with deadlines.
Who reviews competence locally?
The administrative body itself, then the administrative committee, District Court of Den Haag or Council of State. You can always challenge it.
What if competence is delegated in Den Haag?
To the correct body, such as the Environmental Service. Check denhaag.nl or art. 3:40 Awb.
Is delegation allowed in Den Haag?
Yes, via delegation/authorization (art. 10:4/10:5 Awb), published in the Staatscourant.
Tips for Den Haag
Avoid issues:
- Check competence on denhaag.nl or overheid.nl.
- Contact Legal Aid Office Den Haag (Laan van Wateringsveld 62) if in doubt.
- Use the decision checklist for Den Haag applications.