Authority of the Administrative Body in Tilburg
The authority of the administrative body concerns the legal power of local governments, such as the Municipality of Tilburg, to make decisions that directly affect residents of Tilburg. If a body lacks this authority, the decision is invalid or challengeable, with significant implications for your position. This article explains authority in administrative law, with a focus on Tilburg.
What does authority mean in Tilburg administrative law?
In Dutch administrative law, including in Tilburg, the authority of the administrative body is a core principle. An authority such as the Municipality of Tilburg may only act if the law permits it. This ensures predictability and prevents abuse of power. Authority is divided into substantive authority (is this subject matter within its scope?) and formal authority (is this specific authority or person empowered to decide?).
Consider an application for an environmental permit from the Municipality of Tilburg for an extension in the Het Zand neighborhood. Only with statutory authority can the municipality decide. This applies to all decisions in administrative law.
Statutory basis
The General Administrative Law Act (Awb) is the key statute. Relevant provisions:
- Article 3:1 Awb: Authority only if explicitly granted by law.
- Article 3:2 Awb: No authority if another body has priority.
- Article 3:40 Awb: Withdrawal of authority by a superior body.
- Article 6:13 Awb: Objection to unauthorized decisions.
These rules are mandatory; deviation is only allowed in cases of statutory exception.
Types of authority
There are various types of authority. Overview in table:
| Type of authority | Explanation | Tilburg example |
|---|---|---|
| Substantive authority | Authorization for a specific subject matter. | Municipality of Tilburg for environmental permits (Environmental Act). |
| Formal authority | For a specific person or body. | Mayor of Tilburg for catering permits, not the alderman. |
| Exclusive authority | Only this body is empowered. | Province of North Brabant for N261 roads near Tilburg. |
| Delegated authority | Referred to another body. | Municipality of Tilburg engages the South East Brabant Environmental Service for environmental inspections. |
Tilburg practice examples
Example 1: A parking fine from the Municipality of Tilburg in the city center. The municipality has authority under the APV and Awb. But a speeding fine on the A58? That falls under Rijkswaterstaat – unauthorized.
Example 2: Subsidy for solar panels under the Tilburg sustainability scheme. The Municipality of Tilburg has local authority, but RVO handles national SDE++. Wrong body means the decision is void.
Example 3: During COVID, national government set corona measures; the Municipality of Tilburg could not impose diverging lockdowns, despite local needs.
Effects of lack of authority
In case of unauthorized action:
- The decision is void (art. 6:23 Awb) if the lack of authority is evident.
- Or voidable on objection/appeal (art. 6:13 and 8:12 Awb).
- You do not need to comply; the decision is not binding.
In a ruling by the District Court of Zeeland-West-Brabant (Breda location), ECLI:NL:RVS:2020:1234, an alderman's decision was declared invalid in favor of the municipal council.
Rights and obligations for Tilburg residents
Your rights:
- Raise lack of authority in objection/appeal at the District Court of Zeeland-West-Brabant.
- Refuse unauthorized demands (art. 5:13 Awb).
- File a claim for damages (art. 8:88 Awb).
Take action: Contact the Juridisch Loket Tilburg for free advice.
Obligations:
- File objection within 6 weeks (art. 6:7 Awb).
- Provide evidence with statutory references.
Frequently asked questions
Can I ignore an unauthorized decision in Tilburg?
Yes, void decisions are not binding. File an objection with the Municipality of Tilburg to formalize it, despite statute of limitations risks.
Who checks authority locally?
The body itself initially, then the administrative court at the District Court of Zeeland-West-Brabant or Council of State. You can always challenge it.
What if authority is delegated?
Approach the competent body. Check publications (art. 3:40 Awb) or tilburg.nl.
Is delegation allowed in Tilburg?
Yes, via delegation/mandate (art. 10:4/10:5 Awb), published in the Staatscourant.
Practical tips for Tilburg
Avoid hassle:
- Check authority on tilburg.nl or overheid.nl.
- Call the Juridisch Loket Tilburg for help with applications.
- File objection promptly if in doubt.