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Algemeen Bestuursrecht

What does a decision entail? (Utrecht)

A decision is a specific government decision for an individual, such as a permit or benefit. In Utrecht, you can lodge an objection within 6 weeks via the proper channels.

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A decision concerns a specific decision of the government that does not apply to everyone. It involves an individual decision, for example regarding a permit or a benefit in Utrecht.

What does a decision mean?

According to Article 1:3(2) of the General Administrative Law Act (Awb), a decision is:

A decision that is not of a general nature, including the rejection of a request therefor.

Characteristics of a decision

  • Concerns a unique case or person
  • Specific and directly applicable
  • Has immediate effect (no publication required)
  • Can be favourable or unfavourable (granting or refusal)

Examples of decisions in Utrecht

CategoryExamples
FavourableBuilding permit, subsidy, benefit, driving licence
UnfavourableFine, administrative enforcement penalty, rejection of request
Ex officioTax assessment, enforcement decision
On requestPermit application, benefit request

Difference between decision and general decision

DecisionGeneral decision
For a specific person or situationFor a broad group or in general
Directly applicableGeneral rules
E.g. your parking permit in UtrechtE.g. traffic rules for the entire city

Lodging objection and appeal in Utrecht

If you disagree with a decision, you can:

  • Lodge an objection with the relevant administrative authority within 6 weeks
  • After the decision on objection: go to appeal before the administrative court, such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht)

Frequently asked questions about decisions

Is an invoice from the Municipality of Utrecht a decision?

Usually not. An invoice for services is generally a private law action, not a decision under administrative law.

Can a decision be communicated orally?

No, a decision must always be recorded in writing. An oral communication does not count as a decision.

What to do in case of disagreement with a decision?

You have 6 weeks to lodge an objection. The instructions for this are often at the bottom of the decision.

Contact and assistance in Utrecht

For legal questions about decisions, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55.

Summary

A decision is a personal government decision. You have 6 weeks to lodge an objection if you disagree with it.

Key points

  • Personal decision
  • Objection within 6 weeks
  • Examples: subsidy, fine