The Zienswijze Procedure in Amsterdam

The Zienswijze Procedure in Amsterdam

The zienswijze procedure forms a cornerstone of administrative law in Amsterdam. Residents and businesses can submit written responses to a proposed decision by the Municipality of Amsterdam before it becomes final. This promotes greater transparency, citizen participation, and sound governance in the capital.

Why is the zienswijze procedure important in Amsterdam?

The principle of proper administration is central to Dutch administrative law, and especially so in Amsterdam. Local stakeholders have the opportunity to defend their rights before a decision takes effect. The procedure prevents one-sided decisions and helps the Municipality of Amsterdam arrive at a better-motivated outcome. It is essential for ex officio decisions, such as permits in busy neighborhoods.

Legal basis of the zienswijze procedure

The rules are set out primarily in the General Administrative Law Act (Awb). Key provisions include:

• Article 3:2 Awb: The overarching principle of proper administration, including the duty to hear parties for adverse decisions.
• Article 3:4 Awb: Duty to hear in the preparation of decisions, except where parties have already been heard or there is no adverse effect.
• Division 3.4 Awb (articles 3:12 to 3:19): Preparation of general decisions, including publication of the draft decision and a period for submitting zienswijzen (art. 3:16 Awb).
• Article 4:34 Awb: For ex officio decisions, such as permit revocations, a similar process applies, including notification of intent and opportunity to submit a zienswijze.

These provisions make the procedure robust, and the District Court of Amsterdam scrutinizes compliance rigorously.

How does the zienswijze procedure work at the Municipality of Amsterdam?

In practice, it works step by step as follows:

1. Intention or draft decision: The Municipality of Amsterdam publishes the proposal by letter, on amsterdam.nl, in the municipal gazette, or the Government Gazette.
2. Response period: Usually 4 to 6 weeks to respond in writing, always specified in the notice.
3. Submitting a zienswijze: Send by post, email, or digitally via the Amsterdam portal. Include your name, case number, and supporting arguments.
4. Assessment: The municipality considers the zienswijzen and explains in the final decision whether it has followed them (art. 3:46 Awb).
5. Final decision: The decision is then issued, including information on lodging an objection with the municipality or an appeal with the District Court of Amsterdam.

Example 1: Revocation of building permit in the Pijp

The Municipality of Amsterdam seeks to revoke a building permit because the construction in the Pijp deviates from regulations. You receive a letter stating the intention and providing a 6-week period. You respond with evidence of minimal deviation, and the municipality makes adjustments.

Example 2: Zoning plan in Oost

For a new zoning plan in Oost, the draft is available for public inspection for 6 weeks on amsterdam.nl. Neighbors raise concerns about parking pressure; the executive rejects them or makes changes in the adoption decision.

Rights and obligations during the procedure

Your rights in Amsterdam:

• Free access to the case file (art. 8:42 Awb).
• At least 2 weeks to respond (art. 3:17 Awb).
• Reasons must be given if your zienswijze is rejected.

Your obligations:

• Submit on time, or it will be declared inadmissible.
• Provide factual arguments supported by evidence.
• You must qualify as an interested party (art. 1:2 Awb).

For assistance: contact the Juridisch Loket Amsterdam.

Comparison: Zienswijze vs. objection and appeal in Amsterdam

The zienswijze procedure is proactive, while objection is reactive. Read more about the objection procedure.

Frequently asked questions about the zienswijze procedure in Amsterdam