An administrative decision, in Dutch a besluit, is a written decision of an administrative body containing an act under public law. That definition is the gateway to Dutch administrative law: only a decision can be the subject of an objection and an appeal. Anything that is not a decision falls outside administrative legal protection.
Legal basis
Article 1:3(1) of the General Administrative Law Act contains the definition. Paragraph 2 identifies the beschikking, an individual decision such as a permit or a subsidy award. Article 1:1 sets out who qualifies as an administrative body: an organ of a legal person established under public law, or another person or body vested with public authority. Article 8:1 ties the right of appeal expressly to the concept of a decision. Article 6:2 equates a written refusal to take a decision, and a failure to decide in time, with a decision, so that inaction can be challenged too.
How it works in practice
The test proceeds in steps. Is there a written decision? Does it come from an administrative body? Is it aimed at legal effect, so that someone’s rights or obligations actually change? A permit, an enforcement decision, a subsidy award and a benefits decision all qualify. A letter in which the body merely explains its position or announces factual action usually does not. Where there is doubt, a notice of remedies at the foot of the letter is a strong indication, although not decisive in itself.
Where it goes wrong
The classic pitfall is the letter that reads as information but is in fact a decision; anyone who fails to object is out of time after six weeks and can no longer challenge the legal effect. Conversely, objections are frequently lodged against purely factual communications, which are then declared inadmissible. A third problem area is pure damages and subsidy questions, where the boundary between public and private law is unclear and the wrong court is approached.
Related terms
The concept of a decision works together with the interested party, the second condition of access, and with the notice of objection as the first step in the procedure.
Unsure whether a letter is a decision? Our administrative lawyers assess it and keep an eye on the deadline.
