Tackling Administrative Errors | Free Legal Advice

Questioner

Administrative error by a municipal executive, how and what is the shortest route to tackling this? Thanks for your answer, I remain with kind regards,

Lawyer

You are not giving enough information to formulate a sensible answer; what kind of decision is it? And why was there a mistake?

Lawyer

Please provide more information. What kind of error?

Lawyer

LS I suspect your questioner asked a new question instead of answering you here: http://www.rechtswinkel.nl/ Answers/28179/welke-vorm-van-dwaling-u-bedoet-is-overigens-onclear-heeft-het-administratiesorgaan-het-besluit.html

Questioner

No, it is not a new question, but the site did not offer the option to respond at that time.

Questioner

The decision to withdraw an environmental permit was taken on the grounds of error. Error within the meaning of Article 6:228 of the Dutch Civil Code. When withdrawing, the administrative body gave an incorrect representation of the facts and, according to the law, a decision can then be annulled. No, it is not a new question, but the site did not offer the option to respond at that time.

Lawyer

If you believe that the administrative body has assumed incorrect data, you can object to the withdrawal. This is a regular procedure in environmental law. The period within which this must be done is 6 weeks after the decision. I hope you haven't let that deadline expire, otherwise you don't have many options left. I'd be happy to look into some things for you, but I'd need more information.

Questioner

The decision to withdraw an environmental permit was taken on the grounds of error. Error within the meaning of Article 6:228 of the Dutch Civil Code. When withdrawing, the administrative body gave an incorrect representation of the facts and, according to the law, a decision can then be annulled. My question in this regard is, which legal act should be applied to annul a unilateral legal act of the administrative body, for example to invoke Article 3:49-50 of the Dutch Civil Code? After all, the non-obligatory unilateral legal act of the Administrative Body has adverse consequences for the person seeking justice. .

Lawyer

The environmental law applies to a withdrawal of an environmental permit. Or rather the Wabo and the Awb. Based on these laws you will have to try to get your rights. I don't think there is any other way.

Lawyer

In theory, what you are proposing is possible, because administrative decisions are certainly unilateral legal acts under private law, but in practice the decision is simply inviolable after the objection period has expired.

Questioner

If an administrative body makes improper use of the Wabo and Awb by giving an incorrect representation of the facts on the basis of article 6:228 of the Dutch Civil Code, this is done on the basis of a non-obligatory legal act, with adverse consequences. In order to annul the unilateral legal act, Book 3 provides Articles 49 and 50 with the possibility of an extrajudicial declaration of annulment. There is currently an appeal pending against the decision of the Administrative Body, then there is the legal remedy to request a declaration of law for the extrajudicial declaration of annulment and then, on the basis of fact-finding, the error, improper use of legislation and regulations is demonstrated.

Lawyer

I see it like this: the administrative error is intentional or not, but is or can be blamed. Various articles in the General Administrative Law Act require individually or jointly that the board takes its decisions in such a way that no error can arise or the chance of this is at least kept as small as possible. Think of articles about careful weighing of interests and gathering as much knowledge as possible about the subject. Then, of course, a situation can arise in which the board has taken a decision while there were facts that - if known - would have led to a different decision. If the objection period has then expired, it is sometimes useful to provoke a new decision. Or, alternatively - if deliberately not included - the unlawful government act exists as a safety net. What you state is an intentional act and can be unlawful within the meaning of article 6:162BW. But as long as there is an administrative route, and there is one, because there is an appeal pending, then this route must first be completed before you can first go to the civil court. Is there no possibility to provide your evidence in this administrative case?