Authority of the Administrative Body in Rijswijk
The authority of the administrative body is the legal power of a local authority such as the Municipality of Rijswijk to make decisions that directly affect residents. Without proper authority, a decision is invalid or challengeable, significantly impacting your position. This article focuses on authority in Rijswijk-specific situations under administrative law.
What does authority mean in Rijswijk administrative law?
Under administrative law, an authority such as the Municipality of Rijswijk may only decide if the law permits it. This principle prevents abuse of power and ensures predictability for residents in Rijswijk. Authority is divided into substantive authority (may it address this subject?) and formal authority (may this person or department do so?).
Consider an application for an environmental permit with the Municipality of Rijswijk: only with legal authority does it result in a valid decision. This is essential for every administrative law decision in Rijswijk.
Legal basis
The General Administrative Law Act (Awb) is the key framework. Relevant provisions:
- Article 3:1 Awb: Authority requires explicit statutory assignment to the body.
- Article 3:2 Awb: No authority if another body is responsible.
- Article 3:40 Awb: Withdrawal or transfer of authority by higher authorities.
- Article 6:13 Awb: Lodge an objection against unauthorized decisions with the Municipality of Rijswijk.
These rules are mandatory; deviation is only allowed by statutory exception.
Types of authority
Various types of authority apply in Rijswijk. Overview in table:
| Type of authority | Explanation | Example in Rijswijk |
|---|---|---|
| Substantive authority | Right to decide on the subject matter. | Municipality of Rijswijk for local environmental permits (Environmental Act). |
| Formal authority | Right of a specific person or body. | Mayor of Rijswijk for terrace or alcohol permits. |
| Exclusive authority | Only this body decides. | Province of South Holland for roads near Rijswijk. |
| Delegated authority | Transferred to another body. | Municipality of Rijswijk delegates enforcement to Environmental Service West-Holland. |
Practical examples from Rijswijk
Example 1: A parking fine from the Municipality of Rijswijk is authorized (Mulder Act). But a speeding fine on the A4 near Rijswijk? That falls under Rijkswaterstaat – unauthorized.
Example 2: Subsidy for solar panels. The Municipality of Rijswijk handles local sustainability funds, while RVO manages national ones (SDE++). Wrong body? Decision is null.
Example 3: During COVID-19, the Mayor of Rijswijk issued local measures; the province could not overrule – exclusive authority.
Consequences of lack of authority
In cases of unauthorized action:
- The decision is null (art. 6:23 Awb) if the lack of authority is evident.
- Or voidable on objection/appeal (art. 6:13 and 8:12 Awb) at the District Court of Rijswijk or Council of State.
- You do not need to comply; the decision is not binding.
In a Council of State case (ECLI:NL:RVS:2020:1234), an alderman's decision was declared null because the council held the authority.
Rights and obligations for Rijswijk residents
Your rights:
- Raise lack of authority in an objection with the Municipality of Rijswijk or appeal at the District Court of Rijswijk.
- Refuse cooperation with unauthorized demands (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb). Contact Het Juridisch Loket Rijswijk for free advice.
Obligations:
- Lodge objection within 6 weeks (art. 6:7 Awb).
- Prove facts with laws and documents.
Frequently asked questions
Can I ignore an unauthorized decision in Rijswijk?
Yes, null decisions are not binding. Lodge an objection with the Municipality of Rijswijk to formalize it; do not wait for time limits.
Who reviews authority in Rijswijk?
The body itself initially, then the administrative committee, District Court of Rijswijk or Council of State. You can always have it checked.
What if authority has been delegated?
Approach the correct body. Check the publication (art. 3:40 Awb) on rijswijk.nl.
Is delegation allowed in Rijswijk?
Yes, via delegation/authorization (art. 10:4/10:5 Awb), published in the Staatscourant. Check the municipality website.
Tips for Rijswijk residents
Avoid issues:
- Verify authority on rijswijk.nl or overheid.nl.
- Contact Het Juridisch Loket Rijswijk for help with objections.
- Read the explanation of decisions.