General administrative law
General administrative law is a comprehensive branch of law, which, simply put, regulates with which rules administrative bodies must comply. Administrative law also regulates how citizens and business and industry can protect themselves against the actions of administrative bodies. It is the law for, of and against public administration. Administrative law records with which instruments public administration acts, the standards which must be adhered to, and the possibilities of putting up resistance against public administration.
Decisions of administrative bodies
Within administrative law, everything concerns the decisions of administrative bodies, such as the municipal council and the mayor and aldermen. The best known decision is the award. Since decisions of administrative bodies often have serious consequences for the persons involved, it is important that the quality of the decision-making is safeguarded. This takes place partly through political control by the representative bodies, such as the municipal council, but also by the courts.
Submitting a notice of objection
You can personally exercise some control over decisions if you are deemed to be an interested party. If you disagree with the decision of the government agency, or a decision is not taken in time, then you can object to this or submit a point of view (misgivings). There is in principle a period of six weeks within which a notice of objection can be submitted. It is important that a notice of objection or point of view is submitted in a timely manner. If you fail to do so then you can no longer appeal against the decision. This means that you can no longer achieve anything through the courts.
The property specialists of AK Advocaten can assist you with the drawing up of a legally well-founded notice of objection and the submission thereof. We guarantee that everything will then take place within the allotted periods.
Notice of objection and appeal
In many cases, there is recourse to the administrative courts after rejection of the notice of objection through an appeal against the decision on the notice of objection. You cannot register a notice of objection or appeal against all decisions. Some decisions, such as the general municipal by-laws of the municipality, are excluded from notice of objection and appeal. In the event that no notice of objection or appeal is possible against a decision, you can sometimes still acquire compensation through the civil court. The property specialists of AK Advocaten can advise you regarding any appeal possibilities and they have considerable experience in various proceedings in the administrative courts as well as the civil courts.
Spatial planning and the environmentu
Various subareas can be distinguished within general administrative law, such as spatial planning
and environmental law
, immigration law and social security law. The property department of AK Advocaten is mainly active in spatial planning and the environment. The Spatial Planning Act provides authorities with rules for making land-use plans. Rules are recorded in Environmental law about environmental aspects such as noise, air and environmental protection.
The interconnection between these two fields of expertise often makes these cases fairly complex legally. A specialised lawyer, such as the specialists of AK Advocaten, can then make a difference and provide clarity regarding the correct application of the law. We assist authorities, companies such as housing associations and project developers, as well as individuals. Our lawyers can assist parties in the search for an acceptable solution, but can also assist in legal proceedings.
Would you like to find out more about how we can assist you? We would like to hear from you.
Please contact us.