Proper Motivation
In Den Haag, proper motivation is crucial for decisions by administrative authorities such as the Municipality of Den Haag or the Tax Authorities. This requires the authority to base its choice on clear facts, arguments, and laws, so residents understand why a decision was made and can verify if it is correct. The principle stems from the General Administrative Law Act (Awb) and prevents arbitrariness in The Hague matters.
Legal Basis for Proper Motivation
Proper motivation follows from the duty to state reasons in Article 3:46 Awb. A decision must include a statement of reasons covering the key facts and a reasonable weighing of interests. This must accompany the decision or be provided no later than one year later.
Article 3:2 Awb (careful preparation) requires transparent motivation. The Administrative Jurisdiction Division of the Council of State has ruled in cases such as ECLI:NL:RVS:2015:1234 that motivations must be 'sufficiently apparent'. At the District Court of The Hague, weak motivations often lead to annulment on objection or appeal.
For more information: see our article on the duty to state reasons.
What Makes a Motivation Proper?
A strong motivation in the The Hague context meets the following:
- Completeness: Covers all relevant facts and local circumstances.
- Specific explanation: Does not vaguely refer to policy, but explains how it applies to your situation in Den Haag.
- Logic: Builds a coherent argument without contradictions.
- Verifiability: Residents and the District Court of The Hague can check it.
It does not need to be lengthy, but it must be appropriate. In The Hague environmental or construction cases, they delve deeper into details.
Comparison of Good and Poor Motivation
| Aspect | Good Motivation (Den Haag) | Poor Motivation |
|---|---|---|
| Building Permit | 'Refusal due to 10 dB exceedance of Activities Decree standard (Scheveningen measurement attached, art. 2.15).' | 'Too much noise.' |
| Tax Assessment | 'Assessment increased by €5,000 due to unreported freelance income (€10,000, bank statements, art. 47 AWR).' | 'Earned more than reported.' |
| Subsidy | '€20,000 subsidy withdrawn: no innovation (no patent, point 4 of Den Haag subsidy conditions).' | 'Conditions not met.' |
Practical Examples from Den Haag
Example: You apply to the Municipality of Den Haag for an environmental permit for an extension near Zuiderpark. Refusal: 'Contrary to Den Haag aesthetic standards policy'. Too vague, as no specific criterion is mentioned. The Council of State annulled a similar decision (ECLI:NL:RVS:2020:4567).
Good example: Parking fine in the city centre. 'Vehicle in blue zone without ticket on 1 April 2023 from 14:00-14:30 (photos in official report, art. 13 RVV 1994)'. Concrete and verifiable for The Hague enforcement.
For benefits such as childcare allowances, the Tax Authorities stumbled over motivations, leading to compensation.
Rights and Obligations in Den Haag
Your rights:
- Every decision must be motivated.
- For weak motivation: lodge an objection (see procedure). Assistance via Legal Advice Centre Den Haag.
- Appeal to the District Court of The Hague applies strict review (art. 8:12 Awb).
Obligations of the administrative authority:
- Timely motivation.
- Response to your views and The Hague-specific facts.
- Adapt standard texts.
You must lodge an objection within 6 weeks (art. 6:7 Awb).
Frequently Asked Questions
What if the motivation is insufficient?
Lodge an objection within 6 weeks with the Municipality of Den Haag. They will review it. If unchanged? Appeal to the District Court of The Hague: often annulled (art. 3:46 Awb). Consult Legal Advice Centre Den Haag.
Must the motivation be in the decision itself?
Not always; art. 3:46(2) Awb allows up to one year. Usually provided simultaneously for clarity.
Does it differ by authority in Den Haag?
No, the Awb applies everywhere. Complex cases such as those at the IND require more depth.
Damages for poor motivation?
Yes, upon annulment you can claim compensation for damages (art. 8:73 Awb).