The general principles of proper administration (abbb) form the guidelines to which the government, including in Zoetermeer, must adhere. Failure to comply can lead to the nullity of a decision.
What do the abbb entail?
The general principles of proper administration are standards that the government must respect when making decisions. These rules are partly laid down in the General Administrative Law Act (Awb) and partly unwritten.
Essential principles
| Principle | Explanation |
|---|---|
| Principle of due care | Thorough investigation and adequate preparation |
| Reasoning principle | Decision must be well substantiated |
| Proportionality principle | Measure must be appropriate to the intended purpose |
| Equality principle | Treat similar situations equally |
| Legitimate expectation principle | Respect aroused legitimate expectations |
| Legal certainty principle | Citizens must be able to rely on decisions |
| Fair play principle | Transparent and fair conduct |
Use in objection and appeal in Zoetermeer
Citizens of Zoetermeer can invoke the abbb in objection or appeal proceedings, for example with arguments such as:
- 'The decision has not been carefully prepared'
- 'The substantiation of the decision is unclear'
- 'My situation has been treated unequally'
- 'I relied on an earlier promise'
For assistance, you can contact the Juridisch Loket Zoetermeer.
Consequences of non-compliance
If an administrative authority in Zoetermeer violates a principle, the District Court of The Hague (district) can annul the decision. The authority must then take a new, lawful decision.
Frequently asked questions about abbb in Zoetermeer
Can I always invoke the legitimate expectation principle?
No, there must be a clear and specific commitment made by an authorised person.
How do I prove a violation of the equality principle?
You must demonstrate comparable situations that have been treated differently from yours.
Are the principles laid down by law?
Partly yes. Some, such as due care and reasoning, are in the Awb, others are unwritten law.
Practical questions and answers
When can I challenge a decision in Zoetermeer?
You can challenge a decision if the government has violated a principle, such as insufficient investigation or unequal treatment. This can be done via an objection to the administrative authority or via appeal to the District Court of The Hague. Provide evidence, such as documents or comparable cases.
What distinguishes the due care principle from the reasoning principle?
The due care principle concerns thorough preparation of a decision, while the reasoning principle requires that the reasons for the decision be clearly explained. A well-prepared decision can still be unlawful if the explanation is missing.
How do I demonstrate a violation of the proportionality principle?
You must show that the measure is disproportionate to the objective. For example, a heavy penalty for a minor violation in Zoetermeer. Compare your case or propose a milder alternative.
What if the court annuls a decision?
Upon annulment by the District Court of The Hague, the administrative authority must take a new decision in compliance with the abbb. Sometimes the court decides itself or sets a deadline for a new decision.
Can I claim damages for a violation?
Yes, provided you have demonstrable damage caused by the unlawful decision. This can be via a civil procedure or a request to the administrative authority in Zoetermeer.
Do the abbb also apply to the municipality of Zoetermeer?
Yes, all administrative authorities, including the municipality of Zoetermeer, must comply with these principles such as due care and equality.