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Composition and Independence of the Objection Committee

The objection committee must be independent with strict requirements on composition. The chairperson and members may have no ties to the administrative authority, as in Article 7:13 Awb. Challenge is possible in case of bias.

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Composition and Independence of the Objection Committee

The objection committee must meet strict independence requirements, as laid down in Article 7:13(2) Awb. The committee generally consists of a chairperson and two members, with the chairperson having no ties to the administrative authority. Members are appointed for a fixed period to ensure continuity.

Requirements for Members

  • Independence: No employment with the administrative authority or conflict of interest.
  • Expertise: Legal or substantive knowledge of the legal area.
  • Neutrality: Obligation to provide an objective assessment without prejudice.

Appointment Procedure

The appointment is made through a public procedure or by the board. Members may not simultaneously be involved in other advisory functions. In case of suspected bias, a member may be challenged, in accordance with Article 7:17 Awb. This structure guarantees a fair advisory process and confidence in the procedure.

In practice, municipalities check independence annually. Violations may lead to the nullity of advice. This system promotes transparency in administrative justice.

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