Competence of the Administrative Authority in Delft
The competence of the administrative authority refers to the legal authority of local governments such as the Municipality of Delft to make decisions that directly affect residents of Delft. If an authority lacks this competence, the decision is null and void or voidable, which can have a major impact on your position. This article explains competence specifically for Delft residents in administrative law.
What does competence mean for residents of Delft?
In Dutch administrative law, the competence of the administrative authority is a core principle. An authority such as the Municipality of Delft may only make decisions if the law permits it, to prevent arbitrariness and ensure predictability. Competence is divided into substantive competence (is it authorized to deal with this subject?) and formal competence (is this specific authority or person authorized to act?).
Consider an application for an environmental permit with the Municipality of Delft. It can only decide if legally empowered to do so. This applies to all administrative decisions in Delft.
Legal basis
The General Administrative Law Act (Awb) is the key statute. Relevant provisions:
- Article 3:1 Awb: Competence only if explicitly granted by law.
- Article 3:2 Awb: No competence if another authority is responsible.
- Article 3:40 Awb: Withdrawal of competence by a higher authority.
- Article 6:13 Awb: Objection to decisions made without competence.
These rules are mandatory; deviation is only allowed in cases specified by law.
Types of competence
Different types of competence apply, summarized in the table below:
| Type of competence | Explanation | Delft example |
|---|---|---|
| Substantive competence | Authorization for a specific subject matter. | Municipality of Delft for environmental permits (Wabo). |
| Formal competence | For a specific person or authority. | Mayor of Delft for catering permits, not the alderman. |
| Exclusive competence | Only this authority. | Province of South Holland for N-roads around Delft. |
| Delegated competence | Transferred to another authority. | Municipality of Delft via the West Holland Environmental Service for environmental inspections. |
Practical examples from Delft
Example 1: A parking fine from the Municipality of Delft for a violation in the city center is valid (Mulder Act). But a speeding fine on the A13 falls under the National Roads Authority – lacking competence.
Example 2: Subsidy for solar panels on your roof. The Municipality of Delft handles local sustainability funds, while RVO manages the national SDE++. Wrong authority? Decision is null and void.
Example 3: During COVID, Mayor Marja van Bijsterveldt of Delft issued emergency ordinances. The Province of South Holland could not – exclusive competence.
Consequences of lack of competence
In case of action without competence:
- The decision is null and void (art. 6:23 Awb) if the lack of competence is evident.
- Or voidable on objection/appeal (art. 6:13 jo. 8:12 Awb).
- You do not need to comply; the decision is not binding.
In a ruling by the District Court of The Hague (ECLI:NL:RBDHA:2021:5678), a decision by a Delft alderman was annulled due to council competence.
Rights and obligations for residents of Delft
Your rights:
- Raise lack of competence in objection/appeal proceedings at the District Court of The Hague.
- Refuse to comply with demands made without competence (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb).
Your obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence with references to the law.
Contact the Legal Aid Office Delft for free advice.
Frequently asked questions
Can I ignore an incompetent decision from Delft?
Yes, null and void decisions are not binding. File an objection with the Municipality of Delft for certainty; the deadline is crucial.
Who checks competence in Delft?
The administrative authority initially, then the court via objection at the District Court of The Hague or the Council of State.
Has competence been delegated in Delft?
Check the publication (art. 3:40 Awb) on delft.nl or at the Legal Aid Office Delft.
Is delegation possible?
Yes, via mandate/delegation (art. 10:4/10:5 Awb), published in the State Gazette.
Tips for residents of Delft
Avoid issues:
- Verify competence on delft.nl or overheid.nl.
- Call the Legal Aid Office Delft for a check.
- Document everything for applications such as permits.