Proactive Disclosure in Rotterdam
Proactive disclosure requires Rotterdam government bodies, such as the Municipality of Rotterdam, to automatically publish relevant information on their websites. Rotterdam residents do not need to submit a Woo request. This promotes transparency about local decisions, as set out in the Government Information (Public Access) Act (Woo).
Legal Basis for Rotterdam
Proactive disclosure is provided for in the Government Information (Public Access) Act (Woo), effective since 1 May 2022 as the successor to the Wob. Relevant provisions:
- Article 3 Woo: Maintain and publish a register of working documents, including at the Municipality of Rotterdam.
- Article 5 Woo: Publish general rules and policy documents online.
- Article 6 Woo: Make positions on proposed decisions public.
- Article 7 Woo: Publish decisions on objections and appeals.
- Article 8 Woo: Share granted Woo requests.
- Article 11 Woo: Annual report on disclosure activities.
This applies to Rotterdam bodies such as the Municipality of Rotterdam, District Court of Rotterdam, and water boards. Information is digitally accessible via rotterdam.nl in a public register.
What Does Rotterdam Proactively Publish?
The Municipality of Rotterdam and other local bodies share various documents. Overview:
- Policy documents: Budgets, annual accounts, subsidy conditions, and the Rotterdam Environmental Vision.
- Working documents: Draft decisions and preparatory notes.
- Positions on decisions: Justifications for permits, such as for construction projects in Rotterdam-South.
- Decisions on objections and appeals: Anonymised rulings from the District Court of Rotterdam.
- Granted Woo requests: Documents released from prior requests.
Publication follows shortly after adoption, with exceptions for privacy or trade secrets (Article 10 Woo).
Examples from Rotterdam
Is the Municipality of Rotterdam developing new parking policy for the port city? Article 6 Woo requires publication of the position on the proposed decision on rotterdam.nl. Check the register without submitting a request.
Or discover via granted requests at the District Court of Rotterdam how a local subsidy for port projects was approved.
Water boards around Rotterdam publish annual accounts online for scrutiny of dyke budgets.
Rights and Obligations in Rotterdam
Your rights as a Rotterdam resident:
- Free access to published information without a request.
- Verification of compliance via the public register on rotterdam.nl.
- Woo request for unpublished documents (see requesting information from the government).
Obligations of Rotterdam bodies:
- Proactively and timely publication.
- Provide searchable, structured information.
- Annual reporting (Article 11 Woo).
In case of shortcomings: file a complaint with the municipality or initiate proceedings at the District Court of Rotterdam. Consult the Juridisch Loket Rotterdam for free advice.
Comparison: Proactive vs. Passive in Rotterdam
Proactive disclosure differs from passive disclosure (on request). Overview:
| Aspect | Proactive Disclosure | Passive Disclosure |
|---|---|---|
| Initiative | Government (e.g., Municipality of Rotterdam) | Your Woo request |
| Costs | Free | Free, except for copies |
| Deadline | Immediate/proactive | Max. 4 weeks (Article 25 Woo) |
| Examples | Rotterdam budgets, registers | Internal notes on port policy |
| Limitations | Privacy etc. (Art. 10) | Refusal with reasons |
Frequently Asked Questions for Rotterdam Residents
Do I have to pay for proactive disclosure in Rotterdam?
No, it is freely accessible on websites such as rotterdam.nl without a request.
What if information is missing on rotterdam.nl?
Submit a Woo request. In case of repeated failures: complaint or to the District Court of Rotterdam. Assistance via Juridisch Loket Rotterdam.
Did this apply under the Wob in Rotterdam?
No, the Woo expands it since 1 May 2022; the Wob was more limited.
How do I find the register in Rotterdam?
Search rotterdam.nl for 'openbaar register Woo' or 'proactive disclosure'.
Tips for Rotterdam Residents
Make optimal use of proactive disclosure:
- Check registers regularly: Subscribe to newsletters from the Municipality of Rotterdam.
- Use search functions: Searchable on rotterdam.nl.
- Combine with Woo requests: For non-online information (see Woo).
- Document everything: Screenshots for objection proceedings at the District Court of Rotterdam.