In Utrecht, the government must carefully substantiate its decisions. This means it must clearly explain why a particular choice has been made. This principle is known as the motivation requirement.
What does the motivation requirement entail?
According to the General Administrative Law Act (articles 3:46 and 3:47 Awb), every decision must have a solid substantiation. The government in Utrecht is required to explain:
- Which facts form the basis for the decision
- Which laws and regulations are applicable
- What the reason is for the decision taken
- How different interests have been weighed against each other
Conditions for proper motivation
| Criterion | Explanation |
|---|---|
| Supportive | The substantiation must be able to justify the decision |
| Clear | The motivation must be explicitly stated in the decision |
| Comprehensible | The citizen must be able to understand it |
| Comprehensive | All important points must be addressed |
When does the motivation fall short?
- If it only refers to policy without further explanation
- If the arguments of the citizen concerned are ignored
- If the reasoning contains contradictions
- If specific circumstances are not sufficiently taken into account
- If incorrect facts are used
What happens in case of poor motivation?
A decision with defective substantiation can be overturned by the court in Utrecht, such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1). Often, the government then gets the opportunity to provide improved motivation.
Reference to previous substantiation
In a decision on objection in Utrecht, the government may refer to the original motivation, provided that:
- It is still relevant
- The citizen's objections are adequately addressed
Frequently asked questions about the motivation requirement
Is extensive motivation always required?
The degree of motivation depends on the impact of the decision. A significant decision requires more detailed substantiation than a routine decision.
Can I lodge an objection solely due to weak motivation?
Yes, defective motivation is a valid ground for objection. Upon annulment of the decision, the government must take a new decision.
Can the government provide additional explanation afterwards?
During objection or appeal proceedings, the motivation may be elaborated, but the core of the substantiation must already be present in the original decision.
Contact and Assistance in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For cases that go to court, the District Court of Midden-Nederland at Vrouwe Justitiaplein 1 is the designated location.