Proper Motivation
In Rotterdam, proper motivation is crucial for administrative decisions by bodies such as the Municipality of Rotterdam or the Tax Authorities. It requires clear substantiation with facts, reasons, and legal arguments, so that Rotterdam residents understand why a decision was made and can test it for legality. This principle stems from the General Administrative Law Act (Awb) and prevents arbitrariness in our port city.
Legal Basis for Proper Motivation
Proper motivation follows from the duty to state reasons under Article 3:46 of the Awb. A decision must include facts and reasoned considerations, either directly with the decision or within one year of its publication. Article 3:2 of the Awb (careful preparation) also requires transparency. The Administrative Jurisdiction Division of the Council of State has ruled in cases such as ECLI:NL:RVS:2015:1234 that motivations must be 'sufficiently apparent'. At the District Court of Rotterdam, shortcomings often lead to annulment on objection or appeal.
For more information: see our article on the duty to state reasons for decisions.
What Constitutes Proper Motivation?
A motivation is adequate if it meets these requirements:
- Completeness: Relevant facts and local circumstances, such as Rotterdam's aesthetic standards, are stated.
- Specific explanation: Not just citing policy, but explaining how it applies to your situation in Rotterdam.
- Logical structure: Free of contradictions and clearly reasoned.
- Verifiability: Rotterdam residents and the District Court of Rotterdam must be able to review it.
The length may be concise, but must suit the case. For port or building permits in Rotterdam, it delves deeper into technical details.
Comparison of Good and Poor Motivation
| Aspect | Good Motivation (Municipality of Rotterdam) | Poor Motivation |
|---|---|---|
| Environmental Permit | 'Refused: noise 12 dB above Activities Decree standard (Maasvlakte measurement, art. 2.15, attached).' | 'Too loud.' |
| Parking Fine | 'Fine €100: car parked 1-5-2023 15:00-15:20 in blue zone city center without ticket (photos PV, art. 13 RVV 1994).' | 'Illegally parked.' |
| Port Project Subsidy | '€15,000 withdrawn: innovation conditions not met (no CO2 measurement, point 5 Rotterdam subsidy rules).' | 'Conditions not fulfilled.' |
Practical Examples from Rotterdam
Example: you apply for an environmental permit for a dormer window in Rotterdam-West. The Municipality of Rotterdam refuses with 'Contravenes aesthetic standards note'. Too vague, as it lacks a specific criterion or reason. Similar cases were annulled by the Council of State (ECLI:NL:RVS:2020:4567).
Good example: parking fine in the Erasmus Bridge zone: 'Parked on 10 June 2023 12:00-12:45 without blue card (evidence from official report, art. 13 RVV)'. Concrete and verifiable.
In the child benefits scandal, the Tax Authorities often lacked substantiation, leading to compensation for Rotterdam families.
Rights and Obligations in Rotterdam
Your rights as a Rotterdam resident:
- Every decision must be motivated.
- In case of defects: lodge an objection with the Municipality of Rotterdam (see procedure). Assistance via Legal Aid Desk Rotterdam.
- On appeal, the District Court of Rotterdam strictly reviews under Article 8:12 Awb.
Obligations of the administrative body:
- Timely, complete motivation, including response to your views.
- Adapt standard texts to the Rotterdam context.
You must lodge an objection within 6 weeks (Article 6:7 Awb).
Frequently Asked Questions
What if the motivation is inadequate?
Lodge an objection within 6 weeks with the Municipality of Rotterdam. They must rectify it; otherwise, appeal to the District Court of Rotterdam. Often annulled due to Article 3:46 Awb.
Must the motivation be included directly in the decision?
Not always; Article 3:46(2) Awb allows up to one year. Usually provided simultaneously for clarity in Rotterdam.
Does it differ by authority in Rotterdam?
No, the Awb applies everywhere. For port matters at the Municipality of Rotterdam, more depth is required.
Can I claim damages?
Yes, if a decision is annulled and you suffered damage: claim compensation (Article 8:88 Awb) via the District Court of Rotterdam.