Principle of Legitimate Expectations in Administrative Law in Den Haag
The principle of legitimate expectations in administrative law protects residents of Den Haag against unexpected reversals of government decisions. An administrative body, such as the Municipality of Den Haag, must honor the expectations it has created among citizens, except in exceptional situations. This principle promotes legal certainty and safeguards against promises made by Den Haag civil servants.
What does the principle of legitimate expectations mean for Den Haag?
In Den Haag administrative law, the principle of legitimate expectations requires the administration to respect trust created by statements, commitments, or actions. Example: a civil servant from the Municipality of Den Haag promises a permit over the phone, and you invest based on that. The administration cannot simply revoke it. This stems from the general principles of good administration (ABBB) in the General Administrative Law Act (Awb), allowing residents of Den Haag to rely on their local government.
Legal basis
Article 3:46 Awb states: "The administrative body is obliged to respect the trust it has aroused in an interested party." This codifies Council of State case law, headquartered in Den Haag. Links to Article 3:4 Awb (due care) and Article 4:42 Awb (revocation). Cases at the Den Haag District Court and Council of State include ABRS 22 December 1993, AB 1994, 143. See also our article on revocation and amendment of Den Haag decisions.
When does a statement create legitimate expectations in Den Haag?
Three cumulative requirements:
- Specific and personal: Directed at you as a resident, not general information.
- Attributable to the administration: Clearly from the Municipality of Den Haag or an authorized civil servant.
- Not obviously erroneous: You could reasonably rely on it.
General brochures do not count, but an email from a Den Haag permit officer does.
Application to revocation of Den Haag decisions
In cases of amendment (Art. 4:42 Awb), the principle restrains the administration. Revocation is not possible if:
- You as a citizen suffer serious harm.
- The public interest does not outweigh your legitimate expectations.
- No exceptional circumstances such as fraud or newly discovered illegality.
A balancing of interests applies: long-standing situations in Den Haag strengthen your position.
Practical examples from Den Haag and surroundings
Example 1: Environmental permit
A resident of Den Haag builds an extension after approval by the Municipality of Den Haag. Years later, the municipality revokes it due to an error. The Council of State ruled that legitimate expectations prevail due to invested costs (ABRS 15 July 2020, ECLI:NL:RVS:2020:1696).
Example 2: Subsidy from Municipality of Den Haag
A local entrepreneur receives a subsidy for sustainable measures. When budget issues arise, the municipality wants to revoke it, but created expectations and investments prevent this.
Example 3: Local allowance
The Municipality of Den Haag confirms special assistance by letter. Later revision: objection succeeds due to concrete legitimate expectations.
Rights and obligations in the Den Haag context
| Den Haag resident | Municipality of Den Haag | |
|---|---|---|
| Rights | Protection against breach of legitimate expectations from local information. | Duty to be reliable and exercise due care. |
| Obligations | Check for errors; file objection with Den Haag District Court. | Honor legitimate expectations; properly justify revocation. |
For advice: contact the Den Haag Legal Aid Office (free initial help).
Comparison with other Den Haag principles
| Principle | Difference | Den Haag example |
|---|---|---|
| Legal certainty | General for rights; legitimate expectations for specific promises. | Fixed permits not arbitrarily changed. |
| Equality | Equal treatment; legitimate expectations individual. | Same rules for all residents of Den Haag. |
| Due care (3:2 Awb) | Broad process; legitimate expectations on communication. | Full file review by the Municipality. |
Frequently asked questions about Den Haag
Can a phone call from the Municipality of Den Haag create legitimate expectations?
Yes, if it is a concrete commitment by an authorized employee. The Den Haag District Court scrutinizes strictly but often recognizes it.
What if there is an error by Den Haag civil servants?
Obvious errors weaken expectations, but reasonable reliance applies. File an objection with the municipality or Den Haag District Court.
How long do legitimate expectations last in Den Haag?
Depends on the balancing; stronger for long-term city construction projects.
Does it apply to national rules in Den Haag?
Yes, also for the Tax Authorities or central government, if local expectations were created.