The general principles of proper administration (GPA) form the basic rules that the government, including in Rijswijk, must comply with. Failure to follow these rules may lead to the annulment of a decision by the court.
What do the GPA entail?
The general principles of proper administration are guidelines that oblige the government to act carefully and fairly when taking decisions. Some of these are laid down in the General Administrative Law Act (Awb), while others are unwritten.
Overview of the most important principles
| Principle | Explanation |
|---|---|
| Principle of due care | Thorough investigation and proper preparation of decisions |
| Principle of motivation | A decision must be clearly substantiated |
| Principle of proportionality | The measure must be appropriate to the intended purpose |
| Principle of equality | Treat similar situations equally |
| Principle of legitimate expectations | Act on created legitimate expectations |
| Principle of legal certainty | Citizens must be able to rely on consistent decisions |
| Fair play principle | Transparent and fair conduct |
Use in objection and appeal in Rijswijk
Residents of Rijswijk can invoke the GPA in objection or appeal proceedings against a government decision:
- 'The decision has not been carefully prepared'
- 'The substantiation of the decision is unclear'
- 'My situation has been treated unequally'
- 'I relied on a previous promise'
For help with filing an objection, you can contact the Juridisch Loket Rijswijk.
Consequences of violation
If an administrative authority, such as the municipality of Rijswijk, violates a principle, the District Court of The Hague (district) may declare the decision null and void. The administrative authority must then take a new decision that complies with the rules.
Frequently asked questions about GPA in Rijswijk
Can I always invoke the principle of legitimate expectations?
No, this is only possible if a clear and specific promise has been made by an authorised official.
How do I prove a violation of the principle of equality?
You must demonstrate that similar situations have been treated differently by providing specific examples.
Are all principles laid down by law?
Not all of them. Some, such as due care and motivation, are in the Awb, others are based on case law.
Practical questions and answers
When can I challenge a decision in Rijswijk on the basis of the GPA?
You can challenge a decision if the municipality of Rijswijk has violated a principle, for example due to lack of due care or unequal treatment. This can be done via an objection to the municipality or an appeal to the District Court of The Hague. Provide evidence, such as documents or comparable cases.
What distinguishes the principle of due care from the principle of motivation?
The principle of due care concerns the thorough preparation of a decision, while the principle of motivation requires that the reasons for the decision be clearly explained. A decision may be well prepared but still unlawful if the explanation is lacking.
How do I demonstrate that the principle of proportionality has been violated?
You must argue that the measure is too severe in relation to the purpose. For example, a high fine for a minor offence in Rijswijk. Compare your case to other situations or propose a milder alternative.
What if the court annuls a decision?
If annulled by the District Court of The Hague, the administrative authority must take a new decision that complies with the GPA. Sometimes the court itself provides a solution or sets a deadline for a new decision.
Can I claim damages for violation of GPA?
Yes, if you have suffered damage due to an unlawful decision. You must demonstrate that the violation directly caused your damage. This can be done via a civil procedure or a request to the administrative authority.
Do the GPA also apply to the municipality of Rijswijk?
Yes, all administrative authorities, including the municipality of Rijswijk, must comply with these principles. This also applies to provinces and other local governments.