Government

Lawyers specialising in administrative law

Van der Feltz Advocaten maintains a well-balanced advisory and litigation practice, in which we assist both public authorities and private parties, including individuals and businesses. Our broad experience on both sides of administrative law provides us with a keen understanding of administrative relationships. We combine in-depth knowledge of legislation and regulations with a strong awareness of the practical and societal context. Wherever possible, we promote consultation and careful decision-making; where necessary, we litigate decisively and effectively.

General administrative law

General administrative law largely governs the powers of administrative authorities to impose obligations unilaterally on individuals and businesses. At the same time, companies and private individuals depend on public authorities—for example, permits are required for a wide range of activities and applications are submitted for subsidies.

In assessing such applications, administrative authorities must take the public interest into account. They are also responsible for supervising compliance with applicable rules. Acting without, or in breach of, a permit often leads to enforcement action, which public authorities are, in principle, obliged to take. Experience shows that errors are made with some regularity, resulting in damage to individuals, businesses or institutions. Questions may also arise in the context of granting or extending subsidies as to whether an authority has exercised its powers appropriately. Although the General Administrative Law Act (Awb) seeks to regulate the proper use of powers in a clear and structured manner, the application of these rules frequently gives rise to legal issues.

Van der Feltz Advocaten has many years of experience advising and litigating on behalf of both private and public parties in relation to the responsible exercise of powers concerning zoning plans, cost recovery, permitting, subsidy decisions, enforcement and supervision, the Open Government Act (Woo), electoral law, and regulations affecting educational institutions. Our lawyers closely monitor developments in administrative law, and as a firm we are actively involved in the development of new legislation. Particular attention is paid to the interaction between different areas of law.

Electoral law

Electoral law and its application touch directly upon fundamental questions of constitutional law, including the validity of elections, the admission of elected representatives, and the safeguarding of integrity in public administration. In this context, rules concerning incompatible offices and ancillary positions play an important role, as does the procedure for verifying credentials, where objections in respect of municipal councillors may only be raised orally. In addition, both municipal and parliamentary inquiries occupy a distinctive position as significant instruments of oversight within the constitutional framework. At this intersection of electoral and constitutional law, our firm has particular expertise. For example, Jacques Sluysmans is the only lawyer in the Netherlands to have been involved in all parliamentary inquiries since 2008.

Enforcement and supervision

Enforcement and supervision are essential components of administrative law. Administrative authorities monitor compliance with laws and regulations and have various enforcement instruments at their disposal, such as penalty payments (astreintes) and administrative coercion. These measures can have far-reaching consequences for businesses and individuals and therefore require careful and proportionate application.

Van der Feltz Advocaten assists businesses and individuals confronted with supervisory or enforcement actions by public authorities. We advise, among other things, on the lawfulness of supervision and enforcement, the scope of governmental powers, and the options available to challenge enforcement decisions. We also guide clients through objection and appeal proceedings and assess whether enforcement action complies with statutory frameworks.

In addition, Van der Feltz Advocaten advises administrative authorities on the design and implementation of their enforcement and supervisory responsibilities. We support the selection and application of appropriate enforcement instruments and represent authorities when enforcement decisions are contested.

Our experience on both sides of enforcement and supervision enables us to approach these matters in a careful and realistic manner. We are mindful of the public interest and the effective enforcement of regulations, while also safeguarding the legal protection of businesses and individuals. This balance lies at the core of our practice.