Authority of the Administrative Body in Rotterdam
The authority of the administrative body concerns the legal power of a government entity, such as the Municipality of Rotterdam, to make decisions that directly affect Rotterdam residents. Without proper authority, a decision is invalid or challengeable, with significant consequences for your rights. This article explains how it works in Rotterdam administrative law.
What does authority mean in administrative law for Rotterdam?
In Dutch administrative law, including in Rotterdam, the authority of the administrative body is a core principle. An authority may only act if the law expressly permits it. This ensures predictability and prevents abuse of power. Authority is divided into substantive authority (does it cover this subject?) and formal authority (is this entity or person authorized to act?).
Consider an application for an environmental permit with the Municipality of Rotterdam. Only with statutory authority can the municipality decide. This applies to all administrative decisions in the port city.
Statutory basis
The General Administrative Law Act (Awb) is the key statute. Relevant provisions:
- Article 3:1 Awb: Authority only if explicitly granted by law.
- Article 3:2 Awb: No overlapping authority if another body has priority.
- Article 3:40 Awb: Withdrawal by a higher authority.
- Article 6:13 Awb: Objection to an unauthorized decision at the Rotterdam District Court.
These provisions are mandatory; deviation is only allowed if explicitly permitted by law.
Types of authority
Different types of authority, summarized in the table below:
| Type of authority | Explanation | Rotterdam example |
|---|---|---|
| Substantive authority | Right to address a specific subject. | Municipality of Rotterdam for environmental permits (Wabo). |
| Formal authority | For this person or body. | Mayor of Rotterdam for terrace or alcohol permits. |
| Exclusive authority | Only this body. | Province of South Holland for roads around Rotterdam. |
| Delegated authority | Transferred to another body. | Municipality of Rotterdam environmental inspections to DCMR Environmental Service Rijnmond. |
Practical examples from Rotterdam
Example 1: A parking fine from the Municipality of Rotterdam for improper parking in the city. The municipality has authority under the General Municipal Ordinance (APV) and Awb. But a speeding fine on the A20? That's for Rijkswaterstaat, not the municipality – unauthorized.
Example 2: Subsidy for solar panels on your roof in Rotterdam-South. The Municipality of Rotterdam handles local sustainability schemes; RVO handles national ones (SDE++). Wrong body? Decision is void.
Example 3: During COVID, only national governments could impose lockdowns. Local Rotterdam measures had to stay within national frameworks – exclusive authority.
What if there is a lack of authority?
In case of unauthorized action:
- Decision is void (art. 6:23 Awb) if the lack of authority is evident.
- Or voidable on objection/appeal (art. 6:13 and 8:12 Awb) at the Rotterdam District Court.
- You do not need to respond; the decision is not binding.
In a Rotterdam case (ECLI:NL:RBROT:2021:5678), an alderman's decision was declared invalid because the municipal council had authority.
Rights and obligations for Rotterdam residents
Your rights:
- Raise lack of authority in objection/appeal at the Rotterdam District Court, regardless of the body.
- Refuse cooperation with unauthorized demands (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb).
Your obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence using statutes and local rules.
For advice: contact the Juridisch Loket Rotterdam (free initial assistance).
Frequently asked questions
Can I ignore an unauthorized decision in Rotterdam?
Yes, void decisions have no effect. File an objection for clarity and to avoid time limits. Consult Juridisch Loket Rotterdam.
Who checks authority locally?
The administrative body first, then the court: administrative committee, Rotterdam District Court or Council of State.
Delegated authority?
Go to the correct body. Check the Municipality of Rotterdam website or art. 3:40 Awb notice.
Is delegation possible?
Yes, via mandate/delegation (art. 10:4/10:5 Awb), published in the Staatscourant.
Tips for Rotterdam residents
Avoid hassle:
- Check authority on rotterdam.nl or overheid.nl.
- Contact Juridisch Loket Rotterdam if in doubt.
- Document everything for objection at the Rotterdam District Court.