Recusal and Exclusion in Objection Procedures at the Rotterdam Objection Committee
In objection procedures at the Rotterdam Objection Committee, such as those of the municipality of Rotterdam, a member may be recused if partiality is suspected, on the basis of Article 7:17 Awb. This safeguards the integrity of the advisory process in local matters, for example regarding port permits or housing development projects in districts such as Charlois or Feijenoord.
Grounds for Recusal in Rotterdam Context
- Personal interests: Family ties with port companies or financial connections with Rotterdam project developers.
- Prior statements: Previous public positions on controversial matters such as the Erasmusbrug developments.
- Appearances of partiality: Revealing behaviour during hearings in the Rotterdam city hall.
Procedure at the Rotterdam Committee
The objector submits the recusal request to the chairperson of the Rotterdam Objection Committee. If granted, the municipality appoints a replacement from the pool of independent advisors. The recusal decision is irrevocable, binding and suspends the procedure temporarily until the decision is made. In Rotterdam practice, with many complex administrative law cases, this happens rarely (less than 4% of objections at the municipality), but it is essential for public trust in the administration.
Recent examples from Rotterdam case law, such as recusal in an environmental objection regarding the Maasvlakte, underscore its importance. This fits within the principles of good administration and the local ordinance on the objection advisory committee.