The Netherlands

B.A. Beijen, B.J. Schueler

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

In Dutch administrative law there are standard rules concerning public participation, legal protection. For most large-scale projects, the ‘uniform public preparation procedure’ is applicable. This makes participation available at least for interested parties, but in most environmental cases, participation is open to anyone. A draft decision, together with all the associated documents, is available for inspection during a period of six weeks. The administrative authority shall take the decision upon an application no later than six months after the receipt of the application. Before the documents are deposited for inspection, the administrative authority shall publish a notice of the draft decision in the newspapers or on the internet as well.
In 2008, a committee of experts suggested holding the public participation at an early stage of infrastructural planning. This early-stage participation may enable members of the public to express their views at a moment when this voice may really contribute to the decision making. In 2013 the Minister of Infrastructure and the Environment issued a protocol on social participation, which is a code of conduct for public authorities and policy makers intended to encourage them to share knowledge and experience with civil society.
‘Interested parties’ normally have standing before an administrative court. Also NGOs often qualify as an interested party. An interested party has access to the courts subject to the condition that he has also participated in the public procedure preceding the taking of the appealed decision. Procedural errors are relevant for the legality of a planning decision. If the public authority has made a procedural error, the court will declare an appeal well founded. However, the court may rule that a mistake by the administrative authority is irrelevant for the outcome. 
Original languageEnglish
Title of host publicationPublic participation in infrastructure planning
Subtitle of host publicationComparative analysis of 10 European countries
EditorsThomas Gross
PublisherEuropean Public Law Organization
Pages167-194
Number of pages28
ISBN (Print)9786188112896
Publication statusPublished - 2015

Publication series

NameEuropean Public Law Series

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