In administrative law, a decision is a written pronouncement by an administrative authority. Only against such decisions can you lodge an objection or appeal. It is therefore essential to understand whether something qualifies as a decision.
Statutory definition of a decision
Article 1:3 of the General Administrative Law Act (Awb) defines a decision as:
A written pronouncement by an administrative authority that constitutes a public law legal act.
Characteristics of a decision
- Written: oral pronouncements do not count as a decision
- Administrative authority: originating from a government body
- Public law: based on a statutory power
- Legal effect: creates or amends rights and obligations
Types of decisions
| Type of decision | Description | Example |
|---|---|---|
| Individual decision | Aimed at a specific case | Subsidy, permit |
| General rule | Applicable to a larger group | Traffic regulation, zoning plan |
| Policy rule | Guideline for the exercise of powers | Inspection policy |
What does not qualify as a decision?
- Practical actions (for example, placing a sign)
- Private law agreements (such as a lease agreement)
- Oral communication
- Letters without legal consequences
- Internal documents or advice
Importance of classification
Only against decisions can you take legal steps such as objection or appeal. If something is not a decision, you cannot go to the administrative court and may need to initiate a civil procedure.
Frequently asked questions about decisions
Can an email qualify as a decision?
Yes, an email can be a decision if it contains a written decision with legal consequences. The medium is less relevant than the content.
Is a rejection also a decision?
Yes, a rejection is considered a decision because it has legal consequences: you do not receive what you applied for.
How do I recognize a decision?
Check whether it is written, comes from a government body, and establishes or changes rights or obligations.
Contact and support in Zoetermeer
Do you have questions about a decision or want to lodge an objection? Contact the Juridisch Loket Zoetermeer for advice. For legal proceedings, you can go to the Rechtbank Den Haag, which covers the district for Zoetermeer.