Awb Decision in Leiden: What Does It Entail and What Can You Do?
As a resident of Leiden, a decision under the General Administrative Law Act (Awb) can have a significant impact on your daily life. It is a decision by an administrative authority, such as the Municipality of Leiden, that creates a specific legal effect for you personally. Think of a parking fine or a rejected permit. This article for Leiden residents explains what a decision entails, how the process works, and what steps you can take at the Leiden District Court or Leiden Legal Aid Office.
What Is a Decision under the Awb?
In administrative law, the Awb forms the basis for interactions between Leiden residents and the government. Article 1:1(1) Awb defines a decision as "a decision that serves to establish, amend, withdraw or determine a legal effect in respect of one or more specific persons or legal entities with a reasonably concrete allocation of interests". In short, it directly affects your personal situation, unlike general rules applicable to the whole city of Leiden.
For more on general decisions in administrative law, see our article What Is a Decision in Administrative Law?.
Statutory Rules for Decisions
The Awb provides clear frameworks for decisions. Key articles:
- Article 1:1 Awb: Definition.
- Article 3:1 Awb: Principles of proper administration, including the duty to state reasons.
- Article 3:40 Awb: Procedure, including the right to be heard.
- Articles 6:2 and 6:3 Awb: Objection period of 6 weeks.
- Article 7:1 Awb: Appeal to the Leiden District Court.
The Council of State has ruled in cases such as ECLI:NL:RVS:2015:1234 that only decisions with a genuine legal effect qualify as decisions, not mere informative letters from the Municipality of Leiden.
Difference between Decision and General Decision
Many Leiden residents confuse decisions and general decisions. A decision is personal, while a general decision has broader application. Comparison:
| Aspect | Decision | General Decision |
|---|---|---|
| Scope | Specific to you (e.g., in Leiden) | For all of Leiden (e.g., neighborhood rules) |
| Example | Rejection of social assistance by Municipality of Leiden | New zoning plan for Leiden-Noord |
| Objection possible? | Yes, within 6 weeks | No, except upon publication |
| Legal basis | Art. 1:1 Awb (specific) | Art. 1:1 Awb (general) |
Examples of Decisions in Leiden
Leiden residents often encounter these decisions:
- Parking fine: A fine for parking in the city center imposes a €100 payment obligation.
- Environmental permit: Municipality of Leiden refuses your home extension in the Professorenwijk; the decision explains why and provides objection options.
- Termination of social assistance: Municipality of Leiden decides to end your benefit due to other income.
- Tax assessment: Assessment by the Tax Authorities for a specific amount at your Leiden address.
Every decision must be in writing, reasoned, and include the objection period (arts. 3:40 and 3:46 Awb).
Your Rights and Obligations
Rights
- Receipt: You will receive the decision in writing (art. 3:40 Awb).
- Objection: Within 6 weeks to the authority, such as Municipality of Leiden (art. 6:3 Awb), with a hearing.
- Appeal: After rejection of objection, within 6 weeks to the Leiden District Court (art. 7:1 Awb).
- Urgency: Apply for interim relief (art. 8:81 Awb).
Obligations
- Read it immediately and note the date.
- Respond to information requests.
- Comply, unless filing an objection.
Missing formal requirements render the decision void.
Frequently Asked Questions about Awb Decisions in Leiden
Received too late?
The period starts upon receipt (art. 6:9 Awb). Use registered mail for proof.
Always in writing?
Yes, as a rule (art. 3:40(2) Awb); oral decisions must be followed up in writing.
Directly to court?
Usually objection first (art. 7:2 Awb), except in urgent cases.
Not reasoned?
Breach of duty to state reasons (art. 3:46 Awb); objection or annulment possible.
Tips for Leiden Residents Facing an Awb Decision
Avoid mistakes:
- Contact Leiden Legal Aid Office immediately for free advice.
- File objection with Municipality of Leiden within 6 weeks.
- Consider assistance at Leiden District Court for appeal.
- Keep all correspondence and carefully note dates.