In administrative law, a decision is a formal, written ruling by an administrative authority. Only against such decisions can you take legal steps such as objection or appeal. It is therefore essential to understand whether an action is regarded as a decision.
What does 'decision' mean according to the law?
Article 1:3 of the General Administrative Law Act (Awb) defines a decision as:
A written ruling by an administrative authority that comprises a public law legal act.
Characteristics of a decision
- Written form: an oral ruling does not count as a decision
- Issued by an administrative authority: comes from a government body
- Public law character: based on a statutory power
- Legal effect: creates or amends rights and obligations
Different types of decisions
| Type of decision | Description | Example |
|---|---|---|
| Individual decision | Aimed at a specific case or person | Subsidy, building permit |
| General scope | Applies to a broader group or everyone | Traffic regulation, zoning plan |
| Policy rule | Guideline for the exercise of powers | Enforcement policy |
What does not qualify as a decision?
- Practical actions (for example, applying road markings)
- Private law agreements (such as a lease agreement)
- Oral communication
- Letters without legal effect
- Internal notes or advice
Importance of the classification
Only against an official decision can you file an objection or go to appeal. If something is not a decision, the route via the administrative court is not possible and you may have to go to the civil court.
Practical questions about decisions
Can an email be regarded as a decision?
Yes, provided the email contains a written decision with legal effect. The medium is less relevant than the content.
Is a rejection also a decision?
Yes, a rejection is regarded as a decision because it has a legal effect: you do not receive what you applied for.
How do I recognize a decision?
Check whether it is in writing, originates from an administrative authority, and establishes or amends rights or obligations.
Help in Utrecht
For legal questions about decisions, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1 handles administrative law decision cases in the region.