The uniform public preparatory procedure is the procedure in which an administrative body first publishes a draft decision on which interested parties, and sometimes anyone, may submit views. The final decision follows, and appeal against it lies directly to the court.
Legal basis
Division 3.4 of the General Administrative Law Act contains the procedure. It applies where a statutory provision or a decision of the body so provides. Article 3:11 requires the draft and the accompanying documents to be made available for inspection, and Article 3:16 sets a six-week period for views. Article 3:18 sets the decision period at six months, or twelve weeks for an application that would otherwise fall under the regular period. Article 7:1(1)(d) excludes the objection stage: a decision prepared under this procedure may be appealed directly to the district court. Anyone who could have submitted a view but did not may find their appeal limited, although that line has been relaxed for environmental matters following the Court of Justice’s Varkens in Nood judgment.
How it works in practice
The procedure is used for environmental permits for complex activities, for environment plans, for route decisions and for permits with significant environmental effects. The views stage is where the substantive discussion takes place: the body must address each point in its response document. Anyone holding back their best arguments there is left empty-handed later.
Where it goes wrong
Interested parties miss the publication because it appears only electronically. A second error is a view without substantiation, so that the response remains cursory. Third, people expect an objection stage to follow, whereas appeal is the only next step.
Related terms
The procedure precedes the appeal to the administrative court, arises with the environmental permit and connects to the concept of interested party.
Is a draft decision on public display? Our administrative law specialists prepare the view within the six weeks.
