Compensation for Unlawful Decision in Leiden

Compensation for Unlawful Decision in Leiden

In Leiden, residents can demand financial compensation if a decision by the local government, such as the Municipality of Leiden, causes damage due to unlawfulness. This remedy from administrative law helps citizens return to the situation as if the decision had been correct. Unlawfulness arises from violations of laws, such as unauthorized decisions or breaches of good governance. The General Administrative Law Act (Awb) regulates this and protects residents of Leiden from government errors, for example, in permits for the historic city center.

Legal Basis

The regulation for compensation for unlawful decision in Dutch administrative law is set out in Article 8:88 of the Awb. A public authority, such as the Municipality of Leiden, is liable for damage that directly results from an unlawful decision. This liability is absolute: citizens only need to prove unlawfulness and the resulting damage, not fault. Article 6:162 of the Awb addresses damage during the preparation phase, but Article 8:88 forms the core. For more insight, see compensation in administrative law. Case law from the Council of State, applied by the Leiden District Court, emphasizes causal connection, such as in local matters involving spatial planning.

What is an Unlawful Decision?

An unlawful decision by a public authority fails to meet legal standards. In Leiden, this can apply to decisions by the Municipality of Leiden that:

• Are made by an unauthorized body.
• Conflict with laws or treaties.
• Violate the principles of good governance, such as reasoning (Article 3:46 Awb) or due care (Article 3:2 Awb).
• Are insufficiently prepared, for example, without input from Leiden residents on projects in neighborhoods like the Mare or Stevenshof.

It is only considered unlawful after it has been annulled through objection or appeal at the Leiden District Court. Examples include an unjustified building permit for a property near the Zijlsingel that harms neighbors, or an incorrect refusal of a parking permit that affects business owners.

Types of Compensable Damage

Compensable damage in Leiden includes financial and non-financial damage. Financial damage involves tangible losses, while non-financial damage, such as emotional distress, is often addressed through Article 6:106 of the Civil Code (BW) alongside the Awb.

Type of Damage	Description	Example in Leiden
Financial Damage	Direct financial losses resulting from the decision	An unlawful fine from the Municipality of Leiden causes cash flow problems for a local shop owner
Non-Financial Damage	Non-financial disadvantages, with limited compensation available	Delayed procedures regarding a bike path in Leiden-Noord lead to frustration and health issues
Future Damage	Reasonably foreseeable future costs	An unlawful permit refusal for renovations in the Professorenwijk delays work, resulting in measurable additional expenses

Crucial is the direct causal link to the decision. Indirect effects, such as economic pressure in the Leiden market, are usually not covered.

Practical Examples

Suppose the Municipality of Leiden approves a construction project near the Rapenburg without an environmental assessment, which is unlawful. The construction causes disruption, reducing your home's value by €40,000. Under Article 8:88 of the Awb, you can claim damages at the Leiden District Court, including the loss in value and temporary housing costs. The Leiden Legal Aid Office can provide advice.

Another case: The Municipality of Leiden wrongly stops your subsidy for historic monuments without a hearing procedure. This leads to unexpected expenses. After a successful appeal at the Leiden District Court, you can recover the lost amounts and related costs. In 2023, the Council of State ruled in a Leiden case on a subsidy decision, awarding €15,000 in compensation.

Rights and Obligations of Citizens

Residents of Leiden have the right to:

1. Full Compensation: Restoration to the original situation, including interest (Article 6:119 BW).
2. Access to the Courts: Submit claims to the Leiden District Court, often alongside objections to the decision.
3. Low Threshold: No court fees for the main claim, though fees apply to separate proceedings; the Leiden Legal Aid Office offers free initial consultations.

Obligations include:

• Reporting damage promptly after the decision by the Municipality of Leiden.
• Providing evidence, such as appraisals for Leiden property.
• Mitigating damage (mitigation, Article 6:96 BW).

The Municipality of Leiden must handle the claim within 8 weeks, with the option to appeal.

The Procedure for Compensation

The steps in Leiden:

1. Objection or Appeal: Challenge the decision with the Municipality of Leiden or the Leiden District Court (Awb, Chapter 8).
2. Submit Damage Claim: Simultaneously or later to the public authority (Article

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