Administrative Law | Lawyer The Hague

Have you submitted a permit application that has been denied? Are you facing the possible closure of your business? Or do you want to have a zoning ordinance changed to realize your plans? Perhaps you are considering filing a complaint against the municipality or want to object to a government decision.

When administrative law is relevant to you

At Delissen Martens, our administrative law specialists not only have extensive litigation experience, but also offer expert advice during the preliminary administrative law process. This helps prevent conflicts as much as possible and reach the best possible solution.

Whether it involves disputes with the municipality, province or state, administrative law applies. Our specialists will help you through the maze of rules and procedures that may affect your interests. We assist you in legal proceedings, but also advise you in advance to minimize the chance of conflict and strengthen your position.

Our Administrative Law attorneys in The Hague are at your service throughout the Netherlands

Are you looking for an administrative law lawyer? You are welcome to come to our office in The Hague. Our administrative law attorneys have the right knowledge and expertise to assist you. Although our office is located in The Hague, we operate throughout the Netherlands. See below our team of relevant counsel
in the field of administrative law.

Questions about this area of law?

Please contact Jeroen Maas

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Questions and answers

What is administrative law and what does it regulate?

Administrative law governs the relationship between government bodies (the administration) and citizens, businesses and organisations. Administrative law determines how the government should exercise its duties and powers and allows citizens to challenge government decisions if they believe their rights have been violated.

In the Netherlands, administrative law consists of a number of laws and regulations that ensure that administrative bodies act in a lawful manner. The best-known example is the General Administrative Law Act (Awb), which contains general rules on how administrative bodies should make decisions and how citizens can object or appeal against them. There is also specific legislation, such as environmental legislation.

What is administrative enforcement and how does it work?

The government monitors compliance with laws and regulations. For example, regulators carry out inspections to check that everyone is complying with the rules. If a violation is found, an administrative body may take an enforcement action to stop the violation. Often such action is preceded by a warning.

An enforcement measure, also known as an administrative sanction, is a decision that can be appealed. The main administrative sanctions are: a penalty order, an administrative enforcement order and an administrative fine.

When do you qualify as an ‘interested party’ and why is this important in administrative law proceedings?

A person or organisation is considered an 'interested party' in an administrative procedure if they are directly affected by a decision. The concept of 'interested party' is central to administrative law.

This is because only interested parties have the right to challenge or appeal decisions. Similarly, only interested parties can, for example, submit requests for enforcement.

The criteria for being considered an interested party are set out in Article 1:2 of the General Administrative Law Act (Awb).

According to the established case law of the Administrative Law Division of the Council of State, a person can be regarded as an interested party if he or she has a sufficiently objective and real own personal interest that sufficiently distinguishes him or her from others and is directly affected by the contested decision (see, for example, ABRvS 17 May 2017, ECLI:NL:RVS:2017:1310 and ABRvS 27 March 2002, ECLI:NL:2002:AE0706).

The criteria at a glance:

Self-interest: The interest must be the person's own, not someone else's.
Personal interest: The interest must affect the person directly, not as part of a large, undifferentiated group.
Objectively determinable interest: The interest must be demonstrable and factual, not based on a subjective feeling.
Recent interest: The interest must be present, not future or merely possible.
Direct interest: There must be a direct causal link between the decision and the effect on the person.