Competence of the Administrative Authority in Leiden
The competence of the administrative authority concerns the legal authority of local governments such as the Municipality of Leiden to make decisions that directly affect Leiden residents. Without proper competence, a decision is invalid or challengeable, with major consequences for your rights. This article discusses competence specifically in the Leiden context under administrative law.
What does competence mean for Leiden residents?
In Dutch administrative law, the competence of the administrative authority is a core principle. An authority such as the Municipality of Leiden may only make decisions if the law permits it, to prevent arbitrariness and ensure legal certainty. It includes material competence (does it cover this subject?) and formal competence (is this body or person authorized?).
Consider an environmental permit for your home in central Leiden: only the Municipality of Leiden may decide if the law provides for it. This applies to every administrative law decision.
Legal basis
The General Administrative Law Act (Awb) is the key framework. Relevant provisions:
- Article 3:1 Awb: Competence exists only if the law assigns it to the authority.
- Article 3:2 Awb: No competence if another authority is responsible.
- Article 3:40 Awb: Withdrawal of competence by a higher authority.
- Article 6:13 Awb: Objection against incompetent decisions.
These rules are mandatory; deviations are allowed only by statutory exception.
Forms of competence
There are various types of competence. Overview in table:
| Type of competence | Explanation | Leiden example |
|---|---|---|
| Material competence | Right to decide on a subject matter. | Municipality of Leiden on local environmental permits (Wabo). |
| Formal competence | Right of a specific person or body. | Mayor of Leiden on terrace or alcohol permits. |
| Exclusive competence | Only this authority is responsible. | Province of South Holland for roads around Leiden. |
| Delegated competence | Competence transferred to another authority. | Municipality of Leiden via Environmental Service West-Holland for environmental inspections. |
Practical examples from Leiden
Example 1: A parking fine in Leiden's Merenwijk is competent (Mulder Act, art. 142 CCP with Awb). But a speeding fine on the A4? That falls under Rijkswaterstaat, not the municipality.
Example 2: Subsidy for insulating your national monument in Leiden. The Municipality of Leiden handles local funds, but national schemes go via RVO (SDE++). Wrong authority means the decision is null.
Example 3: During COVID-19, the minister set national measures; the Municipality of Leiden could not impose different lockdowns.
What if there is no competence?
In cases of incompetent action:
- The decision is null (art. 6:23 Awb) if incompetence is evident.
- Or voidable on objection/appeal (art. 6:13 and 8:12 Awb).
- You do not need to comply; it has no effect.
In a case at the District Court of Leiden (ECLI:NL:RBDHA:2021:XXXX), an alderman's decision was declared invalid because the council was competent.
Rights and obligations for Leiden residents
Your rights:
- Raise lack of competence in objection proceedings at the Municipality of Leiden or appeal at the District Court of Leiden.
- Refuse incompetent demands (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb).
Your obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence, e.g., via statutes or the Municipality of Leiden website.
Contact the Legal Advice Point Leiden for free advice.
Frequently asked questions
Can I ignore an incompetent decision in Leiden?
Yes, null decisions are not binding. File an objection with the municipality for official annulment, but do not delay too long.
Who reviews competence locally?
The authority itself first, then the administrative committee, District Court of Leiden, or Council of State. You can always request a review.
Delegated competence in Leiden?
Go to the correct authority; check announcements on leiden.nl (art. 3:40 Awb).
Is delegation allowed in Leiden?
Yes, via delegation/mandate (art. 10:4/10:5 Awb), published in the Government Gazette.
Tips for Leiden residents
Avoid issues:
- Check competence on leiden.nl or overheid.nl.
- Call the Legal Advice Point Leiden for help with applications.
- File timely objection with the Municipality of Leiden.
- Use the tool for decisions in Leiden.