Openness Principle in the Den Haag Government
The openness principle forms a cornerstone of Dutch administrative law and fully applies to bodies such as the Municipality of Den Haag. All information held by these authorities is in principle accessible to residents, except in cases of compelling exceptions. This principle ensures greater transparency and better democratic oversight, particularly relevant for residents of Den Haag seeking insight into local decision-making.
What does the openness principle mean for Den Haag?
This principle requires government bodies, including the Municipality of Den Haag, to make documents such as reports, correspondence, contracts, and policy notes publicly available. They must share information proactively via websites or registers and provide it upon citizen requests. The legal foundation is the Open Government Act (Woo), which replaced the Government Information (Public Access) Act (Wob) on May 1, 2022. This provides residents of Den Haag with easier access to local decisions, such as those on housing developments or traffic plans.
Previously, citizens had to make active requests; now the Municipality of Den Haag publishes much data in advance, such as subsidies, tenders, or permits for the Scheveningse coast.
Legal Basis
At the core is Article 3:1 Woo: "Information from administrative bodies is public." This covers both active and passive openness.
- Active openness (art. 3:2 Woo): The Municipality of Den Haag must share information proactively, for example online or in open datasets.
- Passive openness (art. 3:3 Woo): Upon a request from a Den Haag resident, the government provides the information unless refusal grounds apply (Section 5.1 Woo).
The Woo applies to municipalities like Den Haag, provinces, water boards, and national bodies. Procedures are governed by the General Administrative Law Act (Awb), with objections filed with the municipality and appeals to the District Court of Den Haag.
Differences between Woo and Wob
The Woo significantly improves on the old Wob:
| Aspect | Wob | Woo |
|---|---|---|
| Openness principle | Focused on existing documents | All information, including undocumented |
| Active openness | Voluntary | Mandatory for many categories |
| Refusal grounds | Limited, reviewed by Council of State | More extensive, with priority for openness |
| Existence stage | Finished document | From creation to destruction |
These improvements empower Den Haag residents even further.
Your Rights as a Den Haag Resident
You can request government information easily without proving any interest. Need help? Contact the Legal Aid Office Den Haag. Key rights include:
- Free access: Usually at no cost, except for copies or intensive searches.
- Decision within 4 weeks (art. 4:5 Woo), possibly extended.
- Objection and appeal: First with the Municipality of Den Haag, then the District Court of Den Haag.
Submit requests digitally, by mail, or in person, in your preferred format.
Obligations of Den Haag Authorities
Bodies such as the Municipality of Den Haag must:
- Publish an openness profile online (art. 3:10 Woo) detailing proactively shared information.
- Process requests properly and justify any refusals.
- Refuse only when necessary, such as for privacy (art. 5:13 Woo), security, or trade secrets.
Partial disclosure with redactions is allowed.
Practice in Den Haag
Example 1: A Den Haag resident requests the file on a tree-felling permit in Zuiderpark via Woo from the Municipality of Den Haag. They receive emails and reports, with privacy-sensitive parts redacted.
Example 2: Journalists used Woo in the toeslagenaffaire to access national documents, with nationwide impact—also relevant locally for Den Haag civil servants.
Example 3: A local entrepreneur checks tenders for port projects; the Municipality of Den Haag publishes these proactively on TenderNed.
Refusal of Disclosure
Possible under Articles 5:11-5:20 Woo, e.g.:
- Privacy (art. 5:13).
- Economic interests (art. 5:16).
- Security (art. 5:11).
The District Court of Den Haag applies strict scrutiny: openness usually prevails.
Frequently Asked Questions
Can I request information from the Municipality of Den Haag?
Yes, the Woo applies to all administrative bodies, including the Municipality of Den Haag and ministries. Limited exceptions, such as the House of Representatives.
What does a Woo request cost in Den Haag?
Free for basic requests. Copying or high search costs (from €425) are notified in advance.
Do I need to give a reason?
No interest required. Send a simple request to the Municipality of Den Haag or contact the Legal Aid Office Den Haag for advice.