It happens to all of us at some point that we disagree with a decision by the government, a minister, the SVB or any other administrative body. Entrepreneurs who have to apply for permits to operate their business also disagree with a decision on their permit application. Fortunately, our democratic constitutional state offers us the (legal) protection to act against these decisions. In this blog we will consider this. What can you do as a citizen in cases where your interests are affected by a decision by an administrative body?
My colleagues – Mr. Didi Wildeman and Amy Marión – recently discussed in their blog the transparency of governmentIn it, they discuss, on the one hand, the right of citizens to gain insight into government information by submitting a Lob request and, on the other hand, the transparency that the government must offer citizens.
Other options for citizens to take action against a decision of an administrative body can be found in filing an objection by submitting a notice of objection against a written decision of an administrative body, appealing to the court of first instance against the decision in which the objection is responded to and appealing against the decision of the court of first instance.
In this context, there are a few important procedural points that citizens must pay attention to if they want their objection or appeal to be dealt with substantively.
Firstly, the decision against which the citizen is appealing must be a decision. A decision is defined as: a decision taken in writing by an administrative body that has been taken for the interested party in question. Secondly, only an interested party whose interests are directly affected may appeal against a decision of an administrative body. Thirdly, the objection or appeal must be submitted within the statutory period. The starting point is that an objection is submitted to the relevant administrative body within six weeks of the date of the decision. However, there are rulings by the Court that allow the citizen to submit an objection to the administrative body – by way of exception – after the set period of six weeks.
In practice, it happens that the administrative body does not decide on an application in time and therefore does not make a decision at all. In that case too, the citizen can file an objection or appeal. In this situation, an objection is filed or an appeal is filed against the lack of a decision, also called the 'fictitious refusal'.
Sitting still on administrative law issues is therefore not necessary and is even discouraged. Especially because, just like the administrative body, the citizen can be held accountable by the judge for this.
Both the right of the citizen to gain insight into government information and the right to object to a government decision are supported by legal provisions. It is important that you as a citizen know the 'rules of the game' for yourself or your company so as not to be unnecessarily sidelined.
If you have any questions regarding filing an objection, appeal or further appeal against a court ruling as a result of this blog, please do not hesitate to contact us. contact with us.
About the authors
Bradley Stuart
