The government is obliged to properly substantiate its decisions. This means that it must clearly explain why a particular 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 based on a solid substantiation. The administrative authority must explain:
- Which facts form the basis for the decision
- Which laws and regulations are applicable
- The reasoning behind the decision taken
- How different interests have been weighed against each other
Requirements for proper motivation
| Criterion | Explanation |
|---|---|
| Substantiated | The substantiation must be able to justify the decision |
| Transparent | The motivation must be explicitly stated in the decision |
| Clear | The explanation must be understandable to citizens |
| Complete | All important points must be addressed |
When is motivation inadequate?
- Merely referring to rules or policy without further explanation
- Ignoring arguments of the interested party
- Internal contradictions in the reasoning
- Insufficient attention to specific circumstances
- Incorrect facts as the basis for the decision
Consequences of poor motivation
If a decision is insufficiently motivated, a court may declare it null and void. Often, the administrative authority then gets the opportunity to provide a new, improved substantiation.
Reference to previous substantiation
In a decision on objection, the administrative authority may refer back to the original motivation, provided that:
- That substantiation is still relevant
- The objections are adequately refuted
Practical 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 detailed explanation than a routine decision.
Can I lodge an objection solely due to weak motivation?
Yes, insufficient motivation is a valid ground for objection. This can lead to annulment of the decision, followed by a new decision.
Can the government add extra explanation afterwards?
During objection or appeal proceedings, the motivation may be elaborated, but the essence must already be present in the initial decision.
Local information for Leiden
For legal support in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases relating to administrative law decisions.