Compensation for Unlawful Decision in Rijswijk
In Rijswijk, residents can claim financial compensation through administrative law if a government decision causes damage due to unlawfulness. This remedy helps citizens seek redress when decisions by authorities, such as Rijswijk Municipality, fail to comply with laws, for instance, through unauthorized actions or breaches of good governance. It aims to restore the situation as if the decision had been lawful, as outlined in the General Administrative Law Act (Awb). For Rijswijk residents, this provides protection against errors by local authorities, with support available through the Rijswijk Legal Aid Office.
Legal Basis
For matters in Rijswijk, compensation for an unlawful decision is governed by Article 8:88 of the Awb. This provision establishes that an administrative body, such as Rijswijk Municipality, is liable for damage directly resulting from an unlawful decision. The liability is strict: citizens do not need to prove fault, only that the decision was incorrect and caused harm. Article 6:162 of the Awb addresses damage during the preparation phase, but Article 8:88 is the core element. More details can be found in broader explanations of the Awb regarding administrative law compensation. Judicial rulings from the Rijswijk District Court or the Council of State clarify issues like the link between the decision and the damage, which is relevant for local disputes.
What Constitutes an Unlawful Decision?
An unlawful decision in the context of Rijswijk occurs when a local administrative body disregards legal standards. This includes situations where the decision:
- Is issued by an unauthorized party, such as an official without proper authority in Rijswijk Municipality.
- Conflicts with overarching laws or international treaties.
- Violates principles of good governance, such as the duty to provide reasons (Article 3:46 Awb) or due care (Article 3:2 Awb).
- Is inadequately prepared, for example, without consulting Rijswijk residents.
It is only considered unlawful after it has been overturned through objection or appeal at the Rijswijk District Court. Typical examples in Rijswijk include an incorrectly granted permit for a construction project in the Spoorlaan neighborhood, which financially harms neighbors, or an unjustified denial of a local subsidy affecting businesses.
Types of Compensable Damage
In Rijswijk, compensable damage includes both material and non-material losses. Material damage involves tangible costs, such as loss of income or additional expenses. Non-material damage, like emotional distress or reputational harm, is harder to substantiate but can be claimed under Article 6:106 of the Civil Code in connection with the Awb.
| Type of Damage | Description | Example in Rijswijk |
|---|---|---|
| Material Damage | Direct financial losses resulting from the decision | An unlawful fine from Rijswijk Municipality causes cash flow issues and blocks local investments |
| Non-material Damage | Compensation for non-financial impacts | Protracted procedures following a faulty decision lead to stress for Rijswijk families |
| Future Damage | Plausible anticipated costs | An unlawful permit denial delays a Rijswijk construction project, resulting in measurable extra expenses |
Crucial is the direct causal link: the damage must stem directly from the decision. Indirect effects, such as regional economic fluctuations, are typically not covered.
Practical Examples
Example: Rijswijk Municipality approves a building permit for an industrial facility near your home in Buitenhof, ignoring environmental assessments, making it unlawful. The resulting nuisance reduces your property value by €50,000. Under Article 8:88 of the Awb, you can seek compensation from the Rijswijk District Court, including reimbursement for the value loss and potential relocation costs.
Another case: A local benefits agency wrongly terminates your welfare benefits without consultation, leading to unemployment and debts in Rijswijk. After a successful appeal, you can recover the lost benefits and associated costs. In 2022, the Council of State awarded €20,000 in a similar regional case involving an incorrect income decision.
Rights and Obligations of Citizens
Residents of Rijswijk have the right to:
- Full Restoration: The government compensates your position, including interest (Article 6:119 of the Civil Code).
- Right to Justice: File claims with the Rijswijk District Court, often alongside objections to the decision.
- Low Barriers: No court fees for the main claim, though fees may apply in separate proceedings; free advice is available through the Rijswijk Legal Aid Office.
Obligations include:
- Reporting damage promptly after the decision.
- Providing evidence, such as receipts or local valuations.
- Mitigating damage (mitigation, Article 6:96 of the Civil Code).
The administrative body must review the claim within 8 weeks, with options for appeal.
The Procedure for Compensation
The steps for Rijswijk residents:
- Objection or Appeal: Challenge the unlawful decision before the administrative court (Awb, Chapter 8), for example, via the Rijswijk District Court.
- Submit a Damage Claim: Simultaneously or separately, request compensation from the body, such as Rijswijk Municipality (Article 8:88 Awb). The Rijswijk Legal Aid Office can assist with drafting.
- Review and Ruling: The body responds within specified timeframes; if denied, appeal to the court.
- Enforcement: If awarded, the damage is paid, with possible enforcement measures.
Contact the Rijswijk Legal Aid Office for personalized guidance in these local procedures.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.