The general principles of proper administration (abbb) form the basic rules that the government, including in Leiden, must follow. Failure to comply therewith can lead to the annulment of a government decision.
What do the abbb entail?
The general principles of proper administration are guidelines that oblige the government to act carefully and fairly when making decisions. Some of them are laid down in the General Administrative Law Act (Awb), while others are unwritten.
Overview of core principles
| Principle | Explanation |
|---|---|
| Principle of due care | The government must thoroughly investigate and prepare decisions. |
| Reasoning principle | A decision must be clearly substantiated with reasons. |
| Proportionality principle | The impact of a measure must be proportionate to the intended objective. |
| Equality principle | Similar situations must be treated equally. |
| Legitimate expectation principle | The government must honour expectations it has created. |
| Legal certainty principle | Citizens must be able to rely on consistent decisions. |
| Fair play principle | Fairness and transparency in the government's actions. |
Use in objection and appeal in Leiden
Residents of Leiden can invoke the abbb in objection or appeal proceedings against a decision:
- 'The decision has not been carefully prepared.'
- 'The substantiation of the decision is unclear or incomplete.'
- 'My situation has been treated unequally compared to others.'
- 'I relied on an earlier promise from the government.'
For assistance with such procedures, you can go to the Juridisch Loket Leiden at Stationsweg 46.
Consequences of non-compliance
If an administrative authority in Leiden violates a principle, the court, such as the District Court of The Hague (Leiden location), may declare the decision invalid. The authority must then take a new, lawful decision.
Frequently asked questions about abbb
Can I always invoke the legitimate expectation principle?
That is only possible if a clear and specific promise has been made by an authorised official.
How do I prove a violation of the equality principle?
You must demonstrate that similar situations have been treated differently by providing specific examples.
Are all principles laid down by law?
Not all of them. Some, such as due care and reasoning, are in the Awb, others are based on case law.
Practical questions about application in Leiden
When can I challenge a government decision in Leiden?
You can lodge an objection if you believe that the municipality of Leiden or another administrative authority has violated a principle, such as lack of due care or unequal treatment. This can be done via an objection letter to the administrative authority or an appeal to the District Court of The Hague, Leiden location. Ensure you have evidence, such as documents or comparable cases.
What distinguishes the principle of due care from the reasoning principle?
The principle of due care requires the government to properly substantiate a decision with investigation, while the reasoning principle requires a clear explanation of the reasons behind the decision. A decision may be carefully prepared but still unlawful without proper reasoning.
How do I prove that the proportionality principle has been violated?
You must prove that the measure is too severe in proportion to the objective. For example, a high fine for a minor offence in Leiden. Compare your case to other situations or argue that a milder measure was possible.
What if the court annuls a decision?
If the court annuls the decision, it lapses. The administrative authority, such as the municipality of Leiden, must take a new decision that complies with the principles. Sometimes the court sets a deadline or makes a decision itself.
Can I claim damages for violation of abbb?
Yes, if you have suffered demonstrable damage due to an unlawful decision. This can be done via a civil procedure or a request to the administrative authority itself, depending on the situation.
Do the abbb also apply to the municipality of Leiden?
Absolutely, these principles apply to all administrative authorities, including the municipality of Leiden, provinces and other local governments. They must act in accordance with rules of due care, equality and transparency.