The general principles of proper administration (abbb) form the guidelines that the government must follow. Failure to comply with these can lead to the invalidation of a decision.
What do the abbb entail?
The general principles of proper administration are rules, partly laid down in the General Administrative Law Act (Awb), that the government must respect when making decisions. They ensure fair and transparent decision-making.
Essential principles
| Principle | Explanation |
|---|---|
| Principle of due care | Thorough investigation and adequate preparation |
| Reasoning principle | The decision must be clearly substantiated |
| Proportionality principle | The measure must be appropriate to the intended objective |
| Equality principle | Treat similar situations equally |
| Legitimate expectation principle | Government promises must be honoured |
| Legal certainty principle | Citizens must be able to rely on reliable decisions |
| Fair play principle | Transparent and fair conduct |
Use in objection and appeal procedures
In objection and appeal procedures, you can refer to the abbb, for example:
- 'The decision has not been carefully prepared'
- 'The substantiation of the decision is insufficient'
- 'My situation has been treated unequally compared to others'
- 'I relied on an earlier promise from the government'
Consequences of non-compliance
If an administrative authority violates one of these principles, a court may declare the decision null and void. The authority must then take a new, lawful decision.
Practical questions about abbb
Is the legitimate expectation principle always applicable?
No, this only applies in the case of a specific and clear promise from an authorised official.
How do I prove a violation of the equality principle?
You must demonstrate that similar situations have been treated differently by providing specific examples.
Are the principles laid down by law?
Partly yes. Some, such as due care and reasoning, are in the Awb, others are based on case law.
Local information in Utrecht
For legal support in Utrecht, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases relating to administrative law decisions.