Government

General administrative law largely governs the powers of administrative authorities to impose obligations on citizens unilaterally. At the same time, businesses and private individuals often depend on the authorities as well: many activities require a permit, and applications for subsidies are frequently submitted.

When assessing applications for permits or subsidies, administrative authorities must take the public interest into account. They are also responsible for supervising compliance with applicable regulations. Where activities are carried out without a permit or in breach of the conditions attached to a permit, enforcement action is therefore often taken. In principle, the authorities are even obliged to do so. Experience shows that mistakes are made with some regularity, which may result in damage to citizens, businesses or institutions. Circumstances may also arise in the granting or renewal of subsidies that give rise to doubt as to whether the administrative authority has exercised its powers appropriately. Although the General Administrative Law Act (Awb) seeks to provide a clear framework for the proper exercise of administrative powers, the practical application of its provisions frequently gives rise to legal questions.

Van der Feltz Lawyers has many years’ experience advising and representing both private and public sector clients to ensure the proper and lawful exercise of statutory powers in matters relating to permitting, subsidy decisions, enforcement and supervision, electoral law and legislation concerning educational institutions. Our lawyers closely monitor developments in administrative law and, as a firm, we are actively involved in the development of new legislation.

We regularly advise on area development and urban regeneration projects. In addition to our expertise in planning and environmental administrative law, we draw on our specialist knowledge of compulsory purchase, land disposal agreements, long leasehold (erfpacht) conditions and agreements.

We are pleased to advise, among other areas, on:

• Construction

• Real estate

• Commercial and residential lease law

• Energy transition

• Environment and Planning Act (Omgevingswet)

• Environmental and nature conservation law

• Land acquisition

• Compulsory purchase

• Pre-emption rights

• Land disposal (including the Didam judgment)

• Long leasehold (erfpacht)

• Compensation for unlawful government action (nadeelcompensatie)

• Municipal inquiries

• Electoral law

• Public authority liability

• Enforcement and regulatory supervision

• Access to government information (Woo)

• Municipal taxation