If the government in Rijswijk acts unlawfully and you thereby suffer damage, you may be entitled to compensation. This principle is known as the unlawful government act.
What constitutes an unlawful government act?
An unlawful government act concerns a government action that:
- Contravenes a statutory obligation
- Constitutes an infringement on your rights
- Does not meet the standards of due care in society
Practical examples
| Scenario | Example |
|---|---|
| Incorrect decision | A permit in Rijswijk is unjustly refused |
| Factual action | Damage from road maintenance works |
| Passivity | No enforcement while it was necessary |
| Incorrect information | Incorrect advice from a municipal employee |
Conditions for compensation
To claim compensation, you must prove:
- That there is an unlawful act by the government
- That the act can be attributed to the government (fault or risk)
- That you have suffered damage
- That there is a direct causal link between the act and the damage
- That the violated rule was intended to protect your interests
Process and procedure in Rijswijk
To claim compensation for an unlawful government act, you can go to:
- The administrative judge (for example, in the case of an annulled decision via the District Court of The Hague)
- The civil judge (for other matters)
For legal advice, you can contact the Juridisch Loket Rijswijk.
Frequently asked questions about unlawful government acts
Is annulment of a decision always necessary?
Yes, in the case of an unlawful decision, it must usually first be annulled by the court before you can claim compensation.
What damage can I claim?
You can claim both material damage (such as financial losses) and, in some cases, immaterial damage (such as emotional impact), provided it is demonstrable.
What is the time limit for submitting a claim?
The limitation period is 5 years from the moment you become aware of the damage and the responsible party.
Extra questions and answers
When is a government action considered unlawful?
A government action is unlawful if it violates a statutory obligation, infringes your rights, or does not comply with societal standards. Think of an unjustly refused application in Rijswijk, damage due to negligence in works, or incorrect information from a civil servant.
Can I claim compensation without direct damage?
No, you must be able to demonstrate that you have actually suffered damage due to the unlawful action. Without demonstrable damage, material or immaterial, there is no basis for a claim.
Must I first lodge an objection before going to court?
In the case of an incorrect decision, you often first need to lodge an objection or appeal with the administrative judge. For other cases, such as damage due to negligence, you can go directly to the civil judge. The Juridisch Loket Rijswijk can advise you on this.