Governmental bodies are involved in nearly all aspects of a citizen’s life – mostly in an unobtrusive manner. However, when the duties and competences of the government collide with the interests and intentions of private individuals and companies, and one gets entangled in the maze of legal provisions and regulations it is essential to consult professionals who know how to reach the envisioned goal in the shortest possible way.
Disputes with governmental authorities are usually directly related to the everyday working and living environment. Matters of urban planning provisions, subsidies, licences and the handling of certain specific aspects of supervision may possibly lead to proceedings, if the regulations are not complied with accordingly. In case of non-compliance the procedures follow a strict calendar. Therefore it is strongly advisable to notify these bodies of any pending issues well ahead of deadlines.
The government and governmental regulations
Administrative law and a series of special laws are comprised in the Awb – the general law on administrative law and legislation. In all cases concerned, the decision of a governmental body and the interested/affected party will be of the utmost importance in all such procedures. Governmental decisions may be challenged following well-regulated procedures, attempting to change or overrule the decision. In all such cases it is important to demonstrate that the decision has a direct impact upon the legitimate interest of the appealing party. Therefore, it is both important to clearly identify who can lodge an appeal, as well as to identify the interested parties who can exert influence on the decision making process.
GMW Advocaten has extensive knowledge of and experience with governmental administrative regulations at local, regional and national level. We handle all cases that involve governmental administrative bodies; be it as contractual partner, supervisory body or opponent in court.
The lawyers in the Administrative Law practice at GMW Advocaten will first offer a risk assessment and an evaluation of costs based on the different scenarios possible within the overall situation, giving practical advice on the best way forward. This will allow clients to see their own situation in a pragmatic way, also helping to decide upon the best way forward, the aim being to cut out any lengthy and costly procedures.
Please contact Arthur de Groot for more information on this subject.