Chapter 3
in forceGeneral provisions on decisions
Section 3.1
Introductory provisions
To decisions containing generally binding regulations:
Section 3.2
Duty of care and balancing of interests
In the preparation of a decision, the administrative authority shall gather the necessary knowledge concerning the relevant facts and the interests…
The administrative authority shall not use the power to take a decision for a purpose other than that for which that power has been conferred.
The administrative authority weighs the interests directly involved in the decision, insofar as no limitation arises from a statutory provision or…
Section 3.3
Advisory opinion
In this division, advisor means: a person or body, charged by or pursuant to a statutory provision with advising on decisions to be taken by an…
If a time limit has not already been set for the advisor by statutory provision, the administrative authority may indicate within which time limit…
The administrative authority to which advice is issued shall make available to the advisor, whether or not upon request, the data that are necessary…
In or with the decision, the advisor who has issued advice shall be mentioned.
If a decision is based on an investigation into facts and conduct carried out by an advisor, the administrative authority must satisfy itself that…
This section applies mutatis mutandis to bills.
Section 3.4
Uniform public preparatory procedure
This division applies to the preparation of decisions if so provided by statutory regulation or by decision of the administrative authority.
The administrative authority makes the draft of the decision to be taken, with the documents relating thereto that are reasonably necessary for an…
Prior to the deposit for inspection, the administrative authority shall give notice of the draft in one or more daily newspapers, news periodicals or…
If the decision is to be directed to one or more interested parties, the administrative authority shall, prior to making it available for inspection…
The administrative authority supplements the documents made available for inspection with new relevant documents and information.
Interested parties may put forward their views on the draft to the administrative authority in writing or orally, at their option.
The time limit for putting forward views and issuing advice as referred to in Division 3.3 is six weeks, unless a longer time limit is prescribed by…
A report shall be made of what has been put forward orally in accordance with Article 3:15.
If it concerns a decision upon application, the administrative authority shall take the decision as soon as possible, but no later than six months…
Section 3.5
Connected decisions
This section applies to decisions that are necessary to be permitted to perform a specific activity and to decisions that serve to determine a…
The administrative authority shall promote that an applicant is notified of other decisions to be taken upon application which the administrative…
This paragraph applies to resolutions in respect of which this is provided:
By or pursuant to the statutory regulation referred to in Article 3:21, paragraph 1, point (a), or by the decision referred to in Article 3:21…
The coordinating administrative authority promotes efficient and coherent decision-making, whereby the administrative authorities, in the assessment…
The decisions are applied for simultaneously as far as possible, provided that the last application is submitted no later than six weeks after…
Without prejudice to Article 3:24, paragraphs 3 and 4, the time limit for taking the decisions commences as of the day on which the last application…
If Section 3.4 is applicable to the preparation of one of the decisions, that section is applicable to the preparation of all decisions, with due…
The competent administrative authorities shall send the decisions taken by them to the coordinating administrative authority.
If an objection may be lodged or an administrative appeal may be instituted against one of the decisions, this shall be done by lodging the notice of…
If an appeal may be lodged with the court against one or more of the decisions, an appeal is open against all decisions with the court within whose…
Section 3.6
Publication and notification
A decision does not enter into force before it has been published.
The notification of decisions which are directed to one or more interested parties is effected by sending or delivering them to them, including the…
The announcement of decisions of an administrative authority belonging to the central government which are not directed to one or more interested…
Simultaneously with or as soon as possible after the announcement, notice of the decision shall be given to those who have put forward their views…
If Division 3.4 has been applied in the preparation of the decision, the notification referred to in Article 3:43, paragraph 1, shall be made:
If an objection can be lodged or an appeal can be instituted against a decision, mention thereof shall be made upon the publication and upon the…
Section 3.7
Grounds
A decision must be based on sound reasoning.
The statement of reasons shall be stated upon the notification of the decision.
The statement of reasons may be omitted if it can reasonably be assumed that there is no need for it.
For the statement of reasons for a decision or a part thereof, it may suffice to refer to an advisory opinion issued for that purpose, if the…
If the administrative authority takes a decision that deviates from advice issued for that purpose pursuant to a statutory provision, this, together…