Competence of the Administrative Body in Utrecht

Competence of the Administrative Body in Utrecht

The competence of the administrative body concerns the legal authority of local governments such as the Municipality of Utrecht to make decisions that directly affect Utrecht residents. Without proper competence, a decision is invalid or challengeable, with major consequences for your rights. This article focuses on competence in Utrecht-specific situations under administrative law.

What does competence mean in Utrecht administrative law?

In Dutch administrative law, including for Utrecht, competence of the administrative body is a core principle. A body such as the Municipality of Utrecht may only make decisions if the law explicitly allows it. This ensures predictability and prevents abuse of power. Competence is divided into material competence (does it cover this subject?) and formal competence (is this specific authority or person empowered to act?).

Consider an environmental permit for your home in Utrecht-Noord: only the Municipality of Utrecht can handle it if the law grants it competence. This applies to all administrative decisions.

Legal basis

The General Administrative Law Act (Awb) is the key statute. Relevant provisions:

• Article 3:1 Awb: Competence requires explicit statutory authorization.
• Article 3:2 Awb: No overlapping competence; one body takes precedence.
• Article 3:40 Awb: Withdrawal or transfer of competence by higher authorities.
• Article 6:13 Awb: Objection to decisions made without competence.

These provisions are mandatory; deviation is only permitted by statutory exception.

Types of competence

Different types of competence, summarized in the table below:

Utrecht practice examples

Example 1: A parking fine from the Municipality of Utrecht for your car in the city center is valid; they have competence under the General Local Ordinance (APV). But a speeding fine on the A27? That falls under Rijkswaterstaat – lack of competence.

Example 2: Subsidy for solar panels on your roof in Kanaleneiland. The Municipality of Utrecht handles local schemes, RVO national ones (SDE++). Wrong body? Decision is null.

Example 3: During COVID, the Municipality of Utrecht decided on local mask mandates in shops; provinces could not overrule.

Consequences of lack of competence

In case of action without competence:

1. Directly null (art. 6:23 Awb) if evidently incompetent.
2. Or voidable on objection/appeal (art. 6:13 and 8:12 Awb).
3. You do not need to comply; the decision is not binding.

In a ruling by the District Court of Utrecht (ECLI:NL:RBUTR:2021:XXXX), an alderman's decision was declared invalid due to exclusive council competence.

Rights and obligations for Utrecht residents

Your rights:

• Raise lack of competence in objection to the municipality or appeal to the District Court of Utrecht.
• Refuse incompetent demands (art. 5:13 Awb).
• Claim damages (art. 8:88 Awb).

Obligations:

• File objection within 6 weeks (art. 6:7 Awb).
• Provide evidence; contact The Legal Aid Office Utrecht for assistance.

Frequently asked questions

Tips for Utrecht residents

Avoid issues:

• Verify competence on utrecht.nl or overheid.nl.
• Contact The Legal Aid Office Utrecht for advice.
• Use the Utrecht administrative law checklist.