A decision constitutes a written pronouncement by an administrative authority. You can lodge an objection against such decisions or appeal them. It is therefore essential to understand whether something qualifies as a decision.
Meaning of a decision
In accordance with Article 1:3 of the General Administrative Law Act (Awb), a decision is defined as:
A written pronouncement by an administrative authority that contains a public law legal act.
Characteristics of a decision
- Written: an oral pronouncement does not count as a decision
- Administrative authority: originating from a government body
- Public law: based on a statutory power
- Legal act: aimed at creating rights or obligations
Types of decisions
| Type of decision | Explanation | Example |
|---|---|---|
| Individual decision | Aimed at a specific case | Subsidy, permit |
| General regulation | Applicable to a broader group | Traffic regulation, zoning plan |
| Policy rule | Guideline for the exercise of powers | Policy on inspections |
What does not qualify as a decision?
- Physical actions (such as placing a sign)
- Private law agreements (such as a lease agreement)
- Oral communication
- Letters without legal consequences
- Internal documents or advice
Importance of this knowledge
Only against an official decision can you take legal steps such as objection or appeal. If something is not a decision, you may need to approach a different court, such as the civil court.
Frequently asked questions
Can an email qualify as a decision?
Yes, an email can be a decision provided it contains a written decision with legal consequences. The medium is less important than the content.
Is a rejection also a decision?
Yes, a rejection qualifies as a decision because it has legal consequences: you do not receive what you applied for.
How do I recognize a decision?
Check whether it is written, originates from an administrative authority, and establishes or changes rights or obligations.
Relevant institutions in Leiden
For legal questions, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For cases that go to court, you may deal with the District Court of The Hague, Leiden location.
Summary
A decision is a written government decision with legal impact. Against this type of decision, you can file an objection or appeal.
Key points
- Written and with legal consequences
- Objection or appeal is possible
- An individual decision concerns an individual case