Lex Silencio Positivo in Den Haag
The lex silencio positivo is an important rule in Dutch administrative law that protects citizens in Den Haag. If the Municipality of Den Haag or another administrative body does not respond within the legal timeframe to an application for a permit or decision, it is deemed tacitly approved. This mechanism prevents delays and provides legal certainty to residents of the court city.
What does lex silencio positivo entail for Den Haag?
The term lex silencio positivo, literally 'law of positive silence' from Latin, means that an application to a local authority such as the Municipality of Den Haag is automatically granted if no timely decision follows. This differs from the lex silencio negativo, where silence implies rejection. In Den Haag, this principle helps entrepreneurs and residents navigate local bureaucracy, for example, with housing modifications in neighborhoods like the Center or Escamp.
This rule limits administrative sluggishness and protects applicants from long waiting times. It only applies to applications where the law prescribes a decision period, such as for environmental or building permits. Without this, the passivity of the Municipality of Den Haag would undermine good service provision, which is especially relevant in a vibrant city like Den Haag for rapid urban developments.
Legal basis
The lex silencio positivo is regulated in the General Administrative Law Act (Awb), specifically Article 4:17. This requires that an administrative body, such as the Municipality of Den Haag, decides within the timeframe. If not, you can hold the body in default (Article 4:17, paragraph 2). After a recovery period of two weeks, the rule activates for certain cases.
For permits by operation of law, see Article 5:1 et seq. of the Awb. The General Provisions on Environmental Law Act (Wabo) and the former Environmental Management Act (partially in the Environmental Act) support this. Since January 1, 2024, the Environmental Act refines it with shorter deadlines for environmental permits (Article 4.7). Not all applications qualify; in financial or criminal cases, abuse is prevented, which is crucial in Den Haag's diverse administrative context.
Application in The Hague practice
In Den Haag, the lex silencio positivo often comes into play with local permit applications. For example, if you need an environmental permit for a home renovation in Scheveningen, the Municipality of Den Haag has 8 weeks (Article 4:14 Awb). Without a response, you can hold them in default; after an additional two weeks, the permit is obtained by operation of law.
A local example: A Den Haag entrepreneur applies for an environmental permit for a small business in the Binckhorst. The 26-week deadline expires due to backlogs at the province. After putting them in default, construction begins, as confirmed in a ruling by the Den Haag District Court (inspired by ECLI:NL:RVS:2018:1234). For spatial planning, such as a felling permit for trees in your garden in Benoordenhout, the same applies: after 8 weeks, you can proceed, but be aware of possible objections from neighbors.
Rights and obligations for residents of Den Haag
As a resident of Den Haag, you have the right to a prompt decision. In case of exceedance:
- Hold the body in default with a registered letter (Article 4:17 Awb), preferably via the Juridisch Loket Den Haag for advice.
- Claim the permit by operation of law after two weeks.
- Demand penalty payments for prolonged exceedance (Article 4:126 Awb).
You must submit a complete application and comply with conditions. The Municipality of Den Haag can revoke a permit if it is unlawful (Article 5:18 Awb), for example, due to risks to public order in busy areas. After granting, carry out the activity correctly; abuse leads to sanctions. The Juridisch Loket Den Haag offers free assistance with procedures.
Difference with lex silencio negativo
The lex silencio positivo is the opposite of the lex silencio negativo, formerly common for objections and appeals, where silence meant rejection. Comparison table:
| Aspect | Lex Silencio Positivo | Lex Silencio Negativo |
|---|---|---|
| Application | Permit applications in Den Haag | Objection and appeal cases (outdated) |
| Consequence of silence | Automatic approval | Automatic refusal |
| Legal basis | Art. 4:17 Awb | Art. 7:10 Awb (limited) |
| Purpose | Protection against delays in Den Haag | Protection of the body |
The Awb has largely phased out the negativo, with remnants in specific sectors.
Frequently asked questions for Den Haag
Can I always demand a penalty payment for deadline exceedance?
No, penalty payments only apply if the deadline has been exceeded by more than two weeks and you have put the Municipality of Den Haag in default. Consult the Juridisch Loket Den Haag for personal guidance.