In Zoetermeer, the government must clearly substantiate its decisions. This means it must explain why a specific choice has been made. This principle is called the motivation requirement.
What does the motivation requirement entail?
According to articles 3:46 and 3:47 of the General Administrative Law Act (Awb), a decision must be supported by a solid motivation. The administrative authority in Zoetermeer is required to:
- State the underlying facts of the decision
- Identify the relevant legislation and regulations
- Explain why this decision has been taken
- Explain how different interests have been weighed
Conditions for a good motivation
| Criterion | Explanation |
|---|---|
| Supportive | The motivation must fully support the decision |
| Clear | The motivation must be explicitly stated in the decision |
| Understandable | The text must be accessible to residents |
| Complete | All important points must be addressed |
When does a motivation fall short?
- Merely referring to rules without further explanation
- Ignoring arguments from the citizen concerned
- Contains contradictions in the reasoning
- Insufficient attention to specific circumstances
- Contains incorrect information about the facts
What happens in the case of an inadequate motivation?
A decision with weak motivation can be overturned by the court, such as the District Court of The Hague. Often, the administrative authority in Zoetermeer then gets the opportunity to provide an improved motivation.
Reference to previous substantiation
In a decision on objection, the government in Zoetermeer may refer to the original motivation, provided that:
- This motivation is still relevant
- The citizen's objections are adequately addressed
Frequently asked questions about the motivation requirement
Is extensive motivation always required?
The extent of the motivation depends on the impact of the decision. A significant decision requires a more thorough explanation than a routine decision.
Can I lodge an objection solely due to poor motivation?
Yes, an inadequate motivation is a valid ground for objection. This can lead to annulment of the decision, followed by a new decision.
Can the government provide additional explanation afterwards?
During objection or appeal proceedings, the motivation may be elaborated, but the basis must already be in the initial decision.
Contact and support in Zoetermeer
For legal questions about the motivation requirement or help with objections, you can contact the Juridisch Loket Zoetermeer. For cases that go to court, Zoetermeer falls under the District Court of The Hague.