Government Compensation in Amsterdam

Government Compensation in Amsterdam

In Amsterdam, residents and businesses can claim financial compensation if they suffer damage due to actions or omissions by government authorities, such as the Municipality of Amsterdam. This includes unlawful decisions, negligence, or expropriation of property. Dutch administrative law provides protection against government power, ensuring that Amsterdam residents are not left uncompensated by local or national government actions, for example, in urban projects along the canals or in the harbor.

What is Government Compensation?

Within administrative law, government compensation refers to the reimbursement of material or immaterial damage caused by an unlawful act of a public authority, such as the Municipality of Amsterdam. This ranges from economic losses due to a faulty decision to personal injury from inadequate maintenance of roads or bike paths in the city. Unlike claims against private parties through civil law, these cases fall under specific administrative law rules to hold the government accountable.

Central to this is the duty of care that the government owes to citizens. If this is breached, a claim may be possible. This article outlines the procedure, which aligns with the civil procedure against the government, focusing on administrative law elements relevant to Amsterdam.

Legal Basis

The rules for government compensation are set out in various laws, with the Civil Code (BW) and the General Administrative Law Act (Awb) as the core.

• Article 6:162 BW: The basis for unlawful acts. Compensation is possible if the government acts unlawfully and this directly leads to damage for Amsterdam residents.
• Article 3:106 BW: Aimed at public authorities like the Municipality of Amsterdam. Liability arises from a breach of due diligence standards, unless the public interest prevails.
• Article 3:112 Awb: Deals with the administrative law procedure. A claim starts with an administrative request to the public authority, followed by possible review by the Amsterdam District Court.
• Expropriation Act (Ow): In cases of expropriation, such as for urban redevelopment in Amsterdam, a separate regime applies (art. 40 et seq. Ow) with compensation for planning damage or expropriation.

These laws balance citizen protection with government interests, ensuring that entities like the Municipality of Amsterdam remain accountable for their decisions in the vibrant capital.

Types of Compensation

The forms of compensation depend on the cause of the damage. Here is an overview with Amsterdam examples:

Practical Examples

Suppose you are a business owner in the Jordaan and the Municipality of Amsterdam approves a large construction project that casts a shadow on your terrace, leading to fewer customers. You can claim planning damage under Article 3:106 BW. Start with a request to the municipality; if denied, proceed to the Amsterdam District Court.

Another case: Negligent maintenance of a canal bridge causes flooding in your basement. This falls under unlawful act (Article 6:162 BW). Gather evidence such as photos and invoices, and initiate proceedings. In 2022, an Amsterdam resident received €50,000 in compensation from the municipality after an accident due to poor road management in the Pijp.

Rights and Obligations of Amsterdam Residents

As a resident of Amsterdam, you have the right to fair handling of your claim. Key rights:

1. Right to be heard: The government, such as the Municipality of Amsterdam, must investigate your request and provide reasons (Article 3:2 Awb).
2. Right to appeal: If denied, you can file an objection within six weeks (Article 6:3 Awb) and take it to the Amsterdam District Court.
3. Right to full compensation: Including interest and legal costs, if proven.

Obligations include:

• Reporting damage promptly, within the two-year limitation period (Article 3:310 BW).
• Providing evidence: Invoices, medical reports, and witness statements.
• Cooperating with investigations, for example, through the Amsterdam Legal Aid Office for free advice.

In civil cases against the government, similar rules apply, but administrative claims often proceed efficiently through the administrative court in Amsterdam (see related article).

The Procedure Step by Step

The claim procedure for compensation is structured:

1. Administrative Request: Submit a reasoned request to the public authority, such as the Municipality of Amsterdam (Article 3:112 Awb). Describe the facts, the amount of damage, and provide evidence.