General administrative law
In the Netherlands the rules of administrative law are set out in the General Administrative Law Act [Algemene wet bestuursrecht] (Awb). This legislation governs the relationship between the government, citizens and businesses. Administrative law deals with decision-making on the part of public authorities, such as that pertaining to the issue of permits, enforcement and subsidies. In addition, public and semi-public authorities have a duty to ensure transparency, maintain proportionality when making decisions and safeguard public safety in accordance with the Open Government Act [Wet open overheid] (Woo).
Growing demand for specialist knowledge
The demand for specialist expertise in the areas of supervision, administrative enforcement and the management of community schemes is increasing as a result of the growing focus on transparency and responsiveness. Dirkzwager provides support to both public authorities and businesses through proceedings covering a variety of administrative law matters and the provision of expert legal advice on administrative law.
The Open Government Act
The Open Government Act regulates government information to facilitate proper governance, mandates the disclosure of information by public authorities and seeks to achieve transparency for citizens and businesses. The process of disclosure entails complex considerations and requires prompt decision-making within short timeframes.
We can assist you with requests, decisions and objections under the Open Government Act, including the assessment of and application for grounds for refusal. We also offer support for the purpose of appeals, the adoption of provisional relief, the presentation of opinions and the prevention of abuse, and we can guide you through the changes which have occurred following the introduction of the Open Government Act.
Do you have a question? Feel free to contact our specialists
Oversight and enforcement
Supervision and enforcement play a vital role within the field of administrative law. Strict compliance with formalities and the provisions of the law are therefore necessary. Compliance with such rules often proves to be a considerable challenge in practice. Any infringement may result in enforcement, such as the imposition of coercive penalties, administrative fines or the application of administrative coercion.
Dirkzwager provides support to both businesses and public authorities in relation to various legal matters pertaining to administrative law. Be it drafting decisions, advising on enforcement policy or litigation in the event of a dispute, we assist our clients with the utmost dedication and expertise. In addition to resolving legal complications, we also offer preventive and strategic solutions that contribute to effective compliance and the creation of a sustainable living environment.
Scarce rights
The government’s allocation of scarce rights has drawn a good deal of (legal) attention in recent years. Is it permissible to grant a scarce licence through a private arrangement? How should the limited term of a scarce right be determined? And how can we ensure that the competition between the potential recipients is transparent enough?
The process of issuing grants and permits frequently requires expert advice and assistance geared towards compliance with the applicable legal frameworks and transparency requirements. We help develop fair, lawful policies and litigate where necessary, always with the aim of ensuring a fair and transparent allocation of scarce rights.
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