Dutch Legislation

Chapter 3

in force

General provisions on decisions

General Administrative Law Act (Awb) (Algemene wet bestuursrecht) · Articles: 45

Section 3.1

Introductory provisions

3:1 Article 3:1

To decisions containing generally binding regulations:

Section 3.2

Duty of care and balancing of interests

3:2 Article 3:2

In the preparation of a decision, the administrative authority shall gather the necessary knowledge concerning the relevant facts and the interests…

3:3 Article 3:3

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.

3:4 Article 3:4

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

3:5 Article 3:5

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…

3:6 Article 3:6

If a time limit has not already been set for the advisor by statutory provision, the administrative authority may indicate within which time limit…

3:7 Article 3:7

The administrative authority to which advice is issued shall make available to the advisor, whether or not upon request, the data that are necessary…

3:8 Article 3:8

In or with the decision, the advisor who has issued advice shall be mentioned.

3:9 Article 3:9

If a decision is based on an investigation into facts and conduct carried out by an advisor, the administrative authority must satisfy itself that…

3:9a Article 3:9a

This section applies mutatis mutandis to bills.

Section 3.4

Uniform public preparatory procedure

3:10 Article 3:10

This division applies to the preparation of decisions if so provided by statutory regulation or by decision of the administrative authority.

3:11 Article 3:11

The administrative authority makes the draft of the decision to be taken, with the documents relating thereto that are reasonably necessary for an…

3:12 Article 3:12

Prior to the deposit for inspection, the administrative authority shall give notice of the draft in one or more daily newspapers, news periodicals or…

3:13 Article 3:13

If the decision is to be directed to one or more interested parties, the administrative authority shall, prior to making it available for inspection…

3:14 Article 3:14

The administrative authority supplements the documents made available for inspection with new relevant documents and information.

3:15 Article 3:15

Interested parties may put forward their views on the draft to the administrative authority in writing or orally, at their option.

3:16 Article 3:16

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…

3:17 Article 3:17

A report shall be made of what has been put forward orally in accordance with Article 3:15.

3:18 Article 3:18

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

3:19 Article 3:19

This section applies to decisions that are necessary to be permitted to perform a specific activity and to decisions that serve to determine a…

3:20 Article 3:20

The administrative authority shall promote that an applicant is notified of other decisions to be taken upon application which the administrative…

3:21 Article 3:21

This paragraph applies to resolutions in respect of which this is provided:

3:22 Article 3:22

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…

3:23 Article 3:23

The coordinating administrative authority promotes efficient and coherent decision-making, whereby the administrative authorities, in the assessment…

3:24 Article 3:24

The decisions are applied for simultaneously as far as possible, provided that the last application is submitted no later than six weeks after…

3:25 Article 3:25

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…

3:26 Article 3:26

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…

3:27 Article 3:27

The competent administrative authorities shall send the decisions taken by them to the coordinating administrative authority.

3:28 Article 3:28

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…

3:29 Article 3:29

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…

3:30 Article 3:30 repealed
3:31 Article 3:31 repealed
3:32 Article 3:32 repealed
3:33 Article 3:33 repealed

Section 3.6

Publication and notification

3:40 Article 3:40

A decision does not enter into force before it has been published.

3:41 Article 3:41

The notification of decisions which are directed to one or more interested parties is effected by sending or delivering them to them, including the…

3:42 Article 3:42

The announcement of decisions of an administrative authority belonging to the central government which are not directed to one or more interested…

3:43 Article 3:43

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…

3:44 Article 3:44

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:

3:45 Article 3:45

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

3:46 Article 3:46

A decision must be based on sound reasoning.

3:47 Article 3:47

The statement of reasons shall be stated upon the notification of the decision.

3:48 Article 3:48

The statement of reasons may be omitted if it can reasonably be assumed that there is no need for it.

3:49 Article 3:49

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…

3:50 Article 3:50

If the administrative authority takes a decision that deviates from advice issued for that purpose pursuant to a statutory provision, this, together…