Government Compensation in Den Haag
In Den Haag, citizens and businesses can claim financial compensation if they suffer damage due to actions or omissions by government authorities, such as the Municipality of Den Haag. This includes unlawful decisions, negligence, or expropriation. Dutch administrative law protects residents of the city against the impact of government decisions, ensuring they are not left uncompensated by local or national actions.
What is Government Compensation?
Within administrative law, government compensation involves reimbursing material or immaterial damage caused by an unlawful act of a public authority. This ranges from economic losses due to an erroneous decision to injuries from poor maintenance, such as with roads or parks in Den Haag. Unlike claims against private parties through civil law, these cases fall under administrative law rules that hold the government accountable, with specific attention to local situations in Den Haag.
Central to this is the duty of care that the government owes to citizens. If this is breached, a claim may be possible. This article discusses the procedure, which relates to the civil procedure against the government, but focuses on administrative law elements relevant to Den Haag.
Legal Basis
The rules for government compensation are spread across various laws, with the Civil Code (BW) and the General Administrative Law Act (Awb) as the core.
- Article 6:162 BW: The basis for unlawful acts. Compensation is possible if the government acts unlawfully and this directly leads to damage.
- Article 3:106 BW: Aimed at public authorities. An authority is liable for breaching standards of care, unless the public interest prevails.
- Article 3:112 Awb: Deals with the administrative procedure. A claim starts administratively with the public authority, followed by judicial review, for example at the Den Haag District Court.
- Expropriation Act (Ow): In cases of expropriation (art. 40 et seq. Ow), the government must pay planning damage or compensation, such as in Den Haag's infrastructure projects.
These laws balance citizen protection with government interests, providing Den Haag residents access to local resources like the Den Haag Legal Aid Office for advice.
Types of Compensation
The compensation depends on the type of damage. Here's an overview with Den Haag-specific examples:
| Type of Damage | Description | Example |
|---|---|---|
| Material Damage | Financial losses, such as lost income or asset reduction. | The Municipality of Den Haag closes a street without notice, causing a local shop in the city center to lose revenue. |
| Immaterial Damage | Emotional harm, such as compensation for psychological distress. | An unlawful decision by the Tax Authority causes stress to a Den Haag resident, leading to health issues. |
| Planning Damage | Damage from planning decisions, such as a decrease in property value. | A new zoning plan in Den Haag-Zuid hinders housing development, resulting in value loss for owners. |
| Expropriation Compensation | Compensation for forced expropriation in the public interest. | Land in Scheveningen is expropriated for coastal reinforcement; the owner receives market value plus interest. |
Practical Examples
Suppose you live in Den Haag and the Municipality of Den Haag approves a large construction project near your home, causing disruption from dust and noise, damaging your garden. You can claim planning damage under Article 3:106 BW. Start by submitting a request to the municipality; if denied, proceed to the administrative court at the Den Haag District Court.
Another scenario: The Municipality of Den Haag issues an incorrect permit for an event, leading to flooding on your property. This falls under unlawful act (Article 6:162 BW). Gather evidence like bills and reports, and initiate proceedings. In 2023, a Den Haag resident won €45,000 in compensation after negligent maintenance of a bike path caused a fall.
Rights and Obligations of Citizens
Residents of Den Haag have the right to fair handling of their claim. Key rights:
- Right to be heard: The public authority must thoroughly investigate your application and provide reasons (Article 3:2 Awb).
- Right to appeal: If denied, you can file an objection within six weeks (Article 6:3 Awb) and proceed to the Den Haag District Court.
- Right to full compensation: Including interest and incidental costs, if proven.
Obligations include:
- Reporting damage promptly, generally within two years (Article 3:310 BW).
- Providing evidence: Keep receipts, medical records, and statements.
- Cooperating with government investigations; the Den Haag Legal Aid Office can assist.
In civil cases against the government (see related article), the rules are similar, but administrative claims often proceed efficiently through the administrative court.
The Procedure Step by Step
The claim procedure is structured:
- Administrative Request: Submit a well-founded request to the relevant public authority, such as the Municipality of Den Haag (Article 3:112 Awb). Describe the facts, the amount of damage, and provide evidence.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.