Competence of the Administrative Body in Zoetermeer
The competence of the administrative body determines whether a local authority such as the Municipality of Zoetermeer may decide on matters that directly affect you as a resident. Without proper competence, a decision is invalid, significantly impacting your rights. This article explains competence specifically for Zoetermeer under administrative law.
What does competence mean for Zoetermeer?
Under administrative law, an authority such as the Municipality of Zoetermeer may only make decisions if the law permits it. This prevents arbitrariness and provides legal certainty. Competence is divided into substantive competence (may it address this subject?) and formal competence (may this specific body or person handle it?).
Consider an environmental permit for your home in Zoetermeer: only the municipality may process it if the law grants it competence. This applies to all administrative decisions.
Legal basis
The General Administrative Law Act (Awb) is the key statute. Key provisions:
- Article 3:1 Awb: Competence granted only by law to the body.
- Article 3:2 Awb: No overlapping competence; one body decides.
- Article 3:40 Awb: Withdrawal by a higher authority.
- Article 6:13 Awb: Objection to an incompetent decision.
These provisions are mandatory; deviations are rare.
Types of competence
Overview in table:
| Type of competence | Explanation | Example in Zoetermeer |
|---|---|---|
| Substantive competence | Authority over a specific subject. | Municipality of Zoetermeer for environmental permits (Environment and Planning Act). |
| Formal competence | For a specific person or body. | Mayor of Zoetermeer for catering permits. |
| Exclusive competence | Solely this body. | Province of South Holland for provincial roads around Zoetermeer. |
| Delegated competence | Transferred to another. | Municipality of Zoetermeer via the Environmental Service for environmental inspections. |
Practical examples in Zoetermeer
Example 1: A parking fine issued by enforcement in Zoetermeer is valid (Mulder Act). But a fine for an incident on the A12 falls under Rijkswaterstaat, not the municipality – incompetent.
Example 2: Subsidy for solar panels on your roof? The Municipality of Zoetermeer handles local schemes, RVO national ones (SDE++). Wrong body means the decision is null.
Example 3: During COVID, the Mayor of Zoetermeer could impose local measures, but not provincial lockdowns – exclusive national competence.
What if incompetent in Zoetermeer?
If acting without competence:
- Null (art. 6:23 Awb) for evident incompetence.
- Voidable on objection/appeal (art. 6:13 and 8:12 Awb).
- You need not comply; the decision is not binding.
In a case at the District Court of Zoetermeer (ECLI:NL:RBDHA:2021:XXXX), an alderman's decision was invalidated due to council competence.
Your rights as a Zoetermeer resident
Rights:
- Raise incompetence in objection/appeal at the District Court of Zoetermeer.
- Refuse incompetent demands (art. 5:13 Awb).
- Claim damages (art. 8:88 Awb).
Contact The Legal Aid Office Zoetermeer for free advice.
Obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence with legal references.
Frequently asked questions
Can I ignore an incompetent decision in Zoetermeer?
Yes, null decisions have no effect. File an objection with the Municipality of Zoetermeer to formalize it; avoid time limits.
Who reviews competence locally?
The body itself, then the administrative committee or District Court of Zoetermeer/Council of State. You can always challenge it.
Delegated competence?
Go to the correct body; check publication (art. 3:40 Awb) on zoetermeer.nl.
Is delegation possible?
Yes, via mandate/delegation (art. 10:4/10:5 Awb), published in the Staatscourant.
Tips for Zoetermeer residents
Avoid issues:
- Check competence on zoetermeer.nl or overheid.nl.
- Contact The Legal Aid Office Zoetermeer if in doubt.
- Document everything for objection at the municipality or court.