A decision is a formal, written pronouncement by an administrative authority. Only against such decisions can you lodge an objection or appeal. It is therefore essential to understand whether something qualifies as a decision.
What does a decision mean?
In Article 1:3 of the General Administrative Law Act (Awb), a decision is defined as:
A written pronouncement by an administrative authority that constitutes a public law legal act.
Characteristics of a decision
- Written form: oral pronouncements do not count as a decision
- Administrative authority: originating from a government body
- Public law character: based on a statutory power
- Legal effect: it creates or amends rights and obligations
Types of decisions
| Type of decision | Description | Example |
|---|---|---|
| Individual decision | Aimed at a specific case | Subsidy, permit |
| General scope | Applicable to a larger group | Traffic regulation, zoning plan |
| Policy rule | Guideline for the exercise of powers | Inspection policy |
What does not qualify as a decision?
- Physical actions (such as placing a sign)
- Private law agreements (such as a lease agreement)
- Oral communication
- Letters without legal consequences
- Internal documents or advice
Importance of the definition
Only against an official decision can you take legal steps such as objection or appeal. If something is not a decision, you may need to go to a different court, such as the civil court.
Frequently asked questions in Rijswijk
Can an email be considered a decision?
Yes, provided it is a written decision with legal consequences. The form (email or letter) is less relevant than the content.
Is a rejection also a decision?
Yes, a rejection has legal consequences and is therefore considered a decision.
How do I recognize a decision?
Check whether it is in writing, originates from an administrative authority, and establishes or amends rights or obligations.
Contact and support in Rijswijk
For legal advice on decisions, you can contact the Juridisch Loket Rijswijk. For cases that go to court, Rijswijk falls under the District Court of The Hague.