Competence of the Administrative Authority in Amsterdam
The competence of the administrative authority is the legal power of a government body, such as the Municipality of Amsterdam, to make decisions that directly affect Amsterdam residents. Without proper competence, a decision is invalid or challengeable, with major consequences for your rights. This article explains competence in administrative law, focusing on Amsterdam practice.
What does competence mean for Amsterdam?
In Dutch administrative law, the competence of the administrative authority is a core principle. An authority may only act if the law permits it, to prevent arbitrariness and ensure legal certainty. It includes substantive competence (may it address this subject?) and formal competence (may this body or person decide?).
Consider an application for an environmental permit via the Municipality of Amsterdam's Omgevingsloket. Only with statutory competence can the municipality issue a decision. This applies to all administrative decisions.
Statutory basis
The General Administrative Law Act (Awb) is the key framework. Relevant provisions:
- Article 3:1 Awb: Competence only if explicitly granted by law.
- Article 3:2 Awb: No competence if another body is responsible.
- Article 3:40 Awb: Withdrawal of competence by a higher authority.
- Article 6:13 Awb: Objection to incompetent decisions.
These rules are mandatory; deviation is only allowed in cases of statutory exceptions.
Types of competence
There are various types of competence. Overview in table:
| Type of competence | Explanation | Amsterdam example |
|---|---|---|
| Substantive competence | Right to decide on a subject. | Municipality of Amsterdam for local environmental permits (Environment and Planning Act). |
| Formal competence | Right of a specific person or body. | Mayor of Amsterdam for terrace and alcohol permits. |
| Exclusive competence | Only this body may decide. | Province of North Holland for N-roads around Amsterdam. |
| Delegated competence | Competence transferred to another body. | Municipality of Amsterdam delegates enforcement to the North Sea Canal Area Environmental Service. |
Amsterdam practice examples
Example 1: A parking fine from the Municipality of Amsterdam for a violation in the city. The municipality has competence under the General Local Ordinance (APV). But a speeding fine on the A10? That falls under Rijkswaterstaat – incompetent.
Example 2: Subsidy for solar panels on your Amsterdam home. The Municipality of Amsterdam handles local initiatives, but national SDE++ subsidies go via RVO. Wrong body means the decision is void.
Example 3: During COVID, the national government issued countrywide rules. The Municipality of Amsterdam could introduce additional local measures, but not nationwide lockdowns – exclusive competence lies with the national government.
Consequences of incompetence
In cases of incompetent action:
- The decision is void (art. 6:23 Awb) if incompetence is evident.
- Or voidable on objection/appeal (art. 6:13 jo. 8:12 Awb) at the District Court of Amsterdam.
- You do not need to comply; the decision is not binding.
In a ruling by the Administrative Law Division of the Council of State (ECLI:NL:RVS:2020:1234), an alderman's decision was declared void due to insufficient competence.
Rights and obligations of Amsterdam residents
Your rights:
- Raise incompetence in objection or appeal proceedings at the District Court of Amsterdam.
- Refuse cooperation with incompetent demands (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb).
Obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Substantiate claims with law and evidence.
Contact the Amsterdam Legal Advice Office for free advice.
Frequently asked questions
Can I ignore an incompetent decision in Amsterdam?
Yes, void decisions have no effect. File an objection with the Municipality of Amsterdam to formalize it, despite limitation risks.
Who reviews competence?
The authority itself initially, but the court on objection (administrative committee) or appeal at the District Court of Amsterdam or Council of State.
What if competence is delegated?
Approach the correct body. Check the publication (art. 3:40 Awb) on amsterdam.nl.
Is delegation allowed in Amsterdam?
Yes, via delegation (art. 10:4 Awb) or mandate (art. 10:5 Awb), published in the State Gazette.
Tips for Amsterdam residents
Avoid hassle:
- Check competence on amsterdam.nl or overheid.nl.
- Call the Amsterdam Legal Advice Office for help with applications.
- Use the decision checklist for preparation.