Neutrality and the Dutch Objection Procedure

In the Netherlands, if someone disagrees with an administrative order, he is only allowed to seek redress with the administrative courts after he has lodged an objection with the administrative authority responsible for the order. The objection procedure entails that an administrative body reconsiders its own decision. In this contribution we study the preference of objectors concerning the organization of the procedure and to what extent their preference is related to the perceived (lack of) neutrality of the person who conducted their hearing. In particular we focus on the effects of the use of neutral ‘outsiders’ when conducting hearings. Based on the literature we assumed that the use of outsiders would benefit the experienced impartiality of the person(s) conducting the hearing. The results of two discussed studies however do not support this assumption. The formal status of the persons conducting the hearing is a poor predictor of the extent to which they are perceived as neutral by participants of the procedure

Transparency and Access to Government Information in the Netherlands

This chapter on Transparancy and Access to Government Information in the Netherlands starts with a summary of information legislation in the Netherlands and provides information about the number of applications for the disclosure of documents. Access to information will the de discussed in detail, in the context of the Government Information (Public Access) Act (WOB), which stipulates that the government is obliged to provide access to information both on the basis of an application and voluntarily. After this the authors focus on legal remedies and on future developments in the Netherlands

The Role of NGOs in Environmental Litigation against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands

With the adoption of the Aarhus Convention, the rights of environmental organisations have been firmly anchored in national, international and European law. However, in the Netherlands, the position of environmental non-governmental organizations (NGOs) to bring cases to a court of law is under threat. This made us wonder what the effects are of judicial procedures brought by environmental NGOs. After a short introduction setting the legal scenery for NGOs to challenge environmental licences/permits, this article will in particular focus on the de facto use of judicial review procedures by NGOs. Our research shows that NGOs are successful litigants. First, their appeals are well-founded more often than the appeals of other appellants. Secondly, if the Council of State rules the appeal of an NGO well-founded, relatively often (and contrary to other appellants), it determines substantive failures in the contested decision

Transparency and Access to Government Information in the Netherlands

This chapter on Transparancy and Access to Government Information in the Netherlands starts with a summary of information legislation in the Netherlands and provides information about the number of applications for the disclosure of documents. Access to information will the de discussed in detail, in the context of the Government Information (Public Access) Act (WOB), which stipulates that the government is obliged to provide access to information both on the basis of an application and voluntarily. After this the authors focus on legal remedies and on future developments in the Netherlands