The principle of proportionality means that the adverse consequences of a decision must not be disproportionate to the aim it serves. It is one of the general principles of proper administration and has grown into one of the most important standards of review for the Dutch administrative courts.
Legal basis
Article 3:4(2) of the General Administrative Law Act contains the rule. The Administrative Jurisdiction Division of the Council of State thoroughly revised its application in the ruling of 2 February 2022 concerning the closure of a house in Harderwijk. Review is now carried out along three lines drawn from European law: suitability, necessity and balance. The intensity of the review depends on the nature of the power, the weight of the interests involved and the extent to which fundamental rights are engaged. A bill to strengthen the safeguarding function of the General Administrative Law Act, which would among other things bring bound powers within this review, had not yet been introduced in Parliament by mid-2026.
How it works in practice
The principle matters most in enforcement and closure powers. The court examines whether the measure genuinely serves the aim, whether a lighter measure would have achieved the same, and whether the detriment to the person concerned is in proportion to the result. Anyone relying on it should make the detriment concrete: lost turnover, the effect on children living at the address, the loss of a permit that cannot be obtained again. A general assertion that the decision bites hard is rarely enough.
Where it goes wrong
Administrative bodies lean too readily on policy rules with fixed categories without explaining why there was no reason to depart in this case. Article 4:84 of the Act in fact requires them to do so where special circumstances make the consequences disproportionate. On the other side, those concerned invoke the principle without factual support, leaving the court with nothing to weigh.
Related terms
The principle is tested above all in relation to the order subject to a penalty and the administrative fine, and arises in objection and appeal.
Does a decision bite disproportionately hard? Our administrative law specialists substantiate the detriment and conduct the defence.
