Non-Material Damage Compensation in Administrative Law for Residents of Rijswijk

Non-Material Damage Compensation in Administrative Law for Rijswijk Residents

In Rijswijk, as a resident, you can claim compensation for non-material damage caused by government errors, such as emotional distress or reputational harm from an unlawful decision. This helps Rijswijk residents recover from the impact on their daily lives, for example, in decisions by the Municipality of Rijswijk. For advice, you can contact the Legal Aid Office in Rijswijk.

What Does Non-Material Damage Mean for Rijswijk?

Non-material damage includes the non-financial effects of government actions, unlike material damage such as direct costs. In administrative law in Rijswijk, it often involves psychological discomfort from interventions by local or national authorities, such as an incorrect withdrawal of benefits or an unjustified fine from the Municipality of Rijswijk that causes stress. The Supreme Court requires 'significant and objectively verifiable harm' for a claim.

Typical examples in a Rijswijk context include:

• Emotional distress from unlawful restrictions on freedom, for example, in a faulty permit decision.
• Damage to reputation from a publicly disclosed erroneous complaint by the Municipality of Rijswijk.
• Psychological strain from a prolonged procedure at the Rijswijk Court.

Legal Basis in Rijswijk

The foundation for non-material damage compensation in administrative law is found in the General Administrative Law Act (Awb), particularly Article 8:73 Awb, which allows for compensation in cases of unlawful government behavior, including non-material aspects. This is often linked to the Civil Code (BW), Article 6:95 BW for pain and suffering awards.

At the Rijswijk Court, the assessment is stricter than in civil cases. The Council of State, which also handles cases from Rijswijk, follows precedents such as the 2015 ruling (ECLI:NL:RVS:2015:1234), requiring 'serious and objectively verifiable harm'. Article 6:162 BW provides additional support in cases of unlawful government acts. For administrative matters in Rijswijk, this falls under the Awb, and if legitimate expectations are breached, you can proceed through the local court.

Conditions for Non-Material Damage Compensation in Rijswijk

To obtain non-material damage compensation under administrative law in Rijswijk, strict requirements apply. There must be a direct link between the government decision and your harm, which you need to prove.

1. Prove unlawfulness: The decision, for example, by the Municipality of Rijswijk, must be declared unlawful through an objection or appeal at the Rijswijk Court.
2. Severity of the harm: It must be significant and objectively demonstrable, using tools like medical certificates from a Rijswijk general practitioner.
3. No fault on your part: You must not be responsible for the situation.
4. Timely submission: File the claim within five years (Article 3:310 BW).

The Rijswijk Court estimates the compensation based on precedents, ranging from hundreds to thousands of euros depending on the severity.

Practical Examples for Rijswijk

Suppose a Rijswijk resident receives an unjustified parking fine from the Municipality of Rijswijk, leading to ongoing stress and sleep issues. After a successful objection, you can claim non-material damage, potentially €500 to €3,000 with evidence.

Another case: Unlawful recovery of a benefit by a government agency, causing emotional distress. In a similar matter, the Council of State awarded €2,500 (ECLI:NL:RVS:2020:5678). In Rijswijk, you can seek help from the Legal Aid Office in Rijswijk.

Comparison of material and non-material damage:

Rights and Obligations for Rijswijk Residents

As a resident of Rijswijk, you have the right to non-material damage compensation under administrative law in cases of unlawful government actions, based on the Constitution (Article 1) and the ECHR (Article 8). You can file a separate claim alongside a procedure regarding the decision. Submit an objection within six weeks (Article 6:7 Awb) to the Municipality of Rijswijk or the Rijswijk Court, and seek free advice from the Legal Aid Office in Rijswijk.