Administrative and Public Law

september 15, 2020 Mr. B.A.S. van Leeuwen 0 Comments

Administrative law is a comprehensive branch of law, which regulates with which rules public bodies must comply. Administrative Law also regulates how citizens and business and industry can protect themselves against the actions of public bodies. It is the law forof and against public bodies. Administrative law records with which instruments a public body acts, the standards which must be adhered to, and the possibilities of putting up resistance against the public body.

MR. VAN LEEUWEN (LL.M.,ESQ), attorney at law advises businesses and private individuals in lawsuits against the central state, municipalities, regions, government agencies, public bodies and public corporations in general administrative law. He has a great deal of expertise to offer adequate judicial and extra-judicial assistance within Decisions of administrative bodies, Submitting a notice of objection, Notice of objection and appeal, Licence appeals service (revocation and refuse), Enforcement (administrative coercion, penalties and administrative fines), Adminstrative Contracts, Spatial planning; zoning and exemptions, Certificate of Conduct is refused, Constitutional Law and Human Rights, Public Administration Probity Screening Act and Temporary Restraining Order (TRO) and Area Ban.

Conversely, MR. VAN LEEUWEN (LL.M.,ESQ), attorney at law, also advises public and semi-public operators, companies, throughout The Netherlands and abroad, in all areas of public law. He assists clients, from the development of their strategy to the day-to-day management of their activities, in the following fields: organization and management of public bodies, choice of contractual arrangements, launch of consultation procedures, negotiation and monitoring of contracts, management of public services, economic interventionism, digital and energy transition, out-of-court settlement and litigation before national and supra-national authorities.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help

Public Litigation

MR. VAN LEEUWEN (LL.M., ESQ), attorney at law, is involved throughout The Netherlands in all types of public litigation before administrative and financial courts (public…

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Civil Servants

Civil servants law applies to our clients in the public sector such as central and local authorities, schools and public companies. Attorney VAN LEEUWEN’s expertise covers all aspects of civil servants law from drafting of legislation on the statute of civil servants, to the transfer and mobility of contractual and statutory staff/civil servants.

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Organization and involvement of public bodies

MR. VAN LEEUWEN (LL.M., ESQ), attorney at law, provides advice to public entities and economic operators in the following areas: Relations between municipalities:– Creation of…

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Public Private Partnership

Sometimes the private sector works in coordination with the public sector. By partnering with the private sector through arrangements which leverage governmental assets and resources,…

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Constitutional Law and Human Rights

MR. VAN LEEUWEN (LL.M., ESQ), attorney at law, handles all aspects of constitutional law and human rights. There are many constitutional and human rights law questions he handles in the area of public law such as the structure and organisation of government, division of powers and the position of the judiciary.

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Governmental liability

Governmental liability is a legal area between administrative and civil law and MR. VAN LEEUWEN (LL.M., ESQ), attorney at law, advises on a broad spectrum…

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The Public Administration Probity Screening Act

The Dutch Public Administration Probity Screening Act (BIBOB Act) is intended to prevent the government from becoming directly or indirectly involved in criminal activities. If you apply for a licence or a subsidy in the Netherlands or if you bid for a government contract, government bodies may investigate you or your company’s background. This screening is based on the Public Administration Probity Screening Act, also known as BIBOB act.

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If your application for a Certificate of Conduct is refused

A certificate of conduct (VOG) is a document by which the Dutch State Secretary for Justice and Security declares that the applicant did not commit any criminal offences that are relevant to the performance of his or her duties.

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Urban planning and development

MR. B.A.S. VAN LEEUWEN (LL.M., ESQ), attorney at law, works across The Netherlands on behalf of large local authorities and large groups (public or private developers, investors, builders, retailers, etc.).

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