Public administration performs different types of actions. Below is an overview of the different actions. Administrative acts can be divided into actual acts and legal acts. A legal act aims to have a legal consequence : it creates rights and obligations. Actions cannot also be aimed at a legal consequence: actual (executive) actions or communications. A legal act can be private law or public law. Private law legal acts: for example, the administration can conclude rental or purchase agreements with citizens. Legal acts under public law are those of an administrative body. Consider Article 1:3 General Administrative Law Decree. What is important here is the intention of the legal consequence and not the creation of a legal consequence by the act. The public law legal act can be multi-sided or unilateral.
This means that one party determines what rights and obligations are. This includes the Orders and Decrees of general application (BAS).
Decrees of General Application
- General binding regulations (avv)
- Other BAS/administrative measure
It is important to have an overview of all these actions, because then it becomes clear what the legal options are.
Decree, Article 3:1 paragraph 1 General Administrative Law Act
- in writing: letter, report, minutes or stamp.
- of an administrative body: see article about administrative bodies.
- involves a legal act: aims to have a legal effect or changes something in the world of law.
- which is governed by public law: the person authorized by virtue of a statutory provision.
Decision, Article 1:3 paragraph 2 General Administrative Law Act
- Not of general application: aimed at one or a specific group of people (personal criterion) or the designation of a building as a monument (case criterion).
- Not the coherence criterion: it is rarely used, it is about such coherence with other decisions.
- Including the rejection of an application for a decision (negative decision).
General binding regulations (avv)
- one that works outwards
- susceptible to repeated use
- independent legal standard
- which is general according to place, time and person, and
- established by an administrative body
- that has the authority to do so under statutory regulations.
Objections and appeals are excluded and an AVV may not contain any criminal provisions.
These are a coherent set of policy decisions such as a zoning plan.
Policy rules 1:3 paragraph 4 General Administrative Law Act
A general rule established by decision, not being an AVV, regarding the weighing of interests, the determination of facts or the interpretation of legal regulations when using the power of an administrative body.
- The administrative body has a certain margin of discretion when making a decision.
- They work internally and bind, merely governing bodies.
- According to Article 3:42 of the General Administrative Law Act, they can also work externally after notification.
The most important other decisions of general application are the concrete standard and the suspension, annulment or approval of a BAS.
- The persons in Administrative Law
- Administrative authority