Principle of Legitimate Expectations in Rotterdam Administrative Law
The principle of legitimate expectations in Rotterdam administrative law protects Rotterdam residents against unexpected reversals of government decisions. An administrative body, such as the Municipality of Rotterdam, must adhere to the expectations it has itself created among citizens, except in exceptional circumstances. This principle promotes legal certainty and prevents harm from official promises or statements.
What does the principle of legitimate expectations entail?
In administrative law, the principle of legitimate expectations is a cornerstone that obliges the administration to honor the trust citizens place in statements, promises, or actions. Example: an employee of the Municipality of Rotterdam promises a permit over the phone, and you invest based on that. The administration cannot later unilaterally revoke it.
This flows from the general principles of proper administration (ABBB) in the General Administrative Law Act (Awb). For Rotterdam residents, it means you can count on consistency from local authorities.
Legal basis
Article 3:46 Awb codifies this: "The administrative body is obliged to respect the trust it has aroused in an interested party." This article translates Council of State case law into statute. Related are Article 3:4 Awb (due care) and Article 4:42 Awb (revocation). The District Court of Rotterdam applies this in local cases, with references to rulings such as ABRS 22 December 1993, AB 1994, 143.
Read more in our article on revocation and amendment of decisions. For questions: contact the Legal Advice Office Rotterdam.
When does a statement create legitimate expectations?
Three cumulative conditions:
- Concrete and personal: Directed at you as a Rotterdam resident, not a general publication.
- Attributable to the administration: You may assume it comes from the Municipality of Rotterdam or District Court of Rotterdam.
- Not obviously erroneous: You had no reason to know it was incorrect.
General policy documents do not count, but a specific email from a Rotterdam civil servant does.
Application to revocation of decisions
In revocation (Art. 4:42 Awb), the principle of legitimate expectations restrains the administration. Revocation is not permitted if:
- You as a citizen are seriously harmed.
- The public interest does not outweigh your legitimate expectations.
- No exceptional circumstances such as fraud or newly discovered illegality.
The balancing act is key: long-term decisions, such as Rotterdam construction projects, strengthen legitimate expectations.
Practical examples from Rotterdam
Example 1: Environmental permit
A Rotterdam resident receives a permit from the Municipality of Rotterdam for an extension. After 18 months, revocation due to an error: the District Court of Rotterdam and Council of State protected the legitimate expectations due to invested construction costs (ABRS 15 July 2020, ECLI:NL:RVS:2020:1696, comparable to local cases).
Example 2: Subsidy
A port entrepreneur in Rotterdam receives subsidy from the Province of South Holland for sustainability. Later revocation due to budget: legitimate expectations block this if investments have already been made.
Example 3: Local allowance
The Municipality of Rotterdam confirms special assistance by letter. Revocation fails because the letter created specific legitimate expectations; succeed on objection at the District Court of Rotterdam.
Rights and obligations
| Citizen (Rotterdam resident) | Administration (Municipality of Rotterdam) | |
|---|---|---|
| Rights | Protection against breach of legitimate expectations; assistance via Legal Advice Office Rotterdam. | Duty to be reliable, no right. |
| Obligations | Check for obvious errors; file objection with District Court of Rotterdam. | Motivate any breach of legitimate expectations. |
Comparison with related principles
| Principle | Difference | Rotterdam example |
|---|---|---|
| Principle of legal certainty | Broader for rights; legitimate expectations specific to aroused expectations. | No change to port permit without necessity. |
| Equality principle | Equal for all; legitimate expectations personal. | Same rules for all Rotterdam residents. |
| Due care principle (3:2 Awb) | General procedure; legitimate expectations on communication. | Complete file in permit application. |
Frequently asked questions
Can oral information from Municipality of Rotterdam create legitimate expectations?
Yes, if concrete and from an authorized civil servant. District Court of Rotterdam scrutinizes strictly, but promises carry weight. Consult Legal Advice Office Rotterdam.
What if there is an administrative error?
Obvious errors suspend legitimate expectations, but reasonable reliance applies. File objection with District Court of Rotterdam.
How long do legitimate expectations last?
Depends on the balancing; stronger for long-term Rotterdam projects like housing construction.
Does it apply to national rules?
Yes, also in interactions with Municipality of Rotterdam on national laws.