The government is obliged to properly substantiate its decisions. This means that it must clearly explain why a specific choice has been made. This principle is called the duty to motivate.
What does the duty to motivate entail?
According to Articles 3:46 and 3:47 of the General Administrative Law Act (Awb), a decision must have a solid substantiation. The administrative authority must indicate:
- Which facts form the basis for the decision
- Which laws and regulations apply
- What the reason is for the decision taken
- How different interests have been weighed against each other
Requirements for good motivation
| Criterion | Explanation |
|---|---|
| Convincing | The substantiation must justify the decision |
| Clear | The motivation must be explicitly stated in the decision |
| Comprehensible | The text must be understandable to the citizen |
| Comprehensive | All important points must be addressed |
When does the motivation fall short?
- If it only refers to policy without explanation
- If the arguments of the interested party are ignored
- If the considerations are contradictory
- If there is insufficient attention to specific circumstances
- If there are factual errors
Consequences of poor motivation
A decision with weak substantiation can be overturned by the court. In many cases, the administrative authority then gets the opportunity to resolve the issue by providing improved motivation.
Reference to previous substantiation
In a decision on objection, the administrative authority may refer back to the original motivation, provided that:
- This motivation is still relevant
- The objections are adequately refuted
Frequently asked questions about the duty to motivate in Rijswijk
Is extensive motivation always required?
The extent of the motivation depends on the impact of the decision. A significant decision requires a more thorough explanation than a routine decision.
Can I lodge an objection solely due to poor motivation?
Yes, defective motivation is a valid ground for objection. This can lead to annulment of the decision, followed by a new decision.
Can the government add extra explanation afterwards?
During objection or appeal, the motivation may be elaborated, but the core of the substantiation must already be in the original decision.
Frequently asked questions
What is the duty to motivate?
The government must clearly explain its decisions.
What must be included?
Facts, rules, and the reasoning.
Objection possible?
Yes, in case of defective motivation.
Are there exceptions?
For standard decisions, it can be shorter.
Supplement motivation?
Yes, during objection.
Summary
Motivation is an obligation for the government.
Key points
- Required substantiation
- Objection in case of shortcomings
Relevant authorities in Rijswijk: For legal support, you can go to the Juridisch Loket Rijswijk. For cases that go to court, Rijswijk falls under the District Court of The Hague.