The withdrawal or refusal of a licence often has far-reaching consequences. Blenheim’s administrative law lawyers try to do something about this. A notice of objection can be lodged against a decision (and sometimes also an opinion) of the municipality, a ministry or other administrative body. Moreover, an appeal can also be lodged in relation to the decision with the administrative court.
Legal guidance on licence litigation
If you are not used to litigating yourself, it makes sense to engage the services of an administrative law lawyer. This is not a requirement, as it is possible to represent yourself before the administrative court yourself. Do realise, however, that administrative law is based on a code of law and often requires specialised knowledge. The General Administrative Law Act is the ‘constitution’ for all acts of administrative bodies. Administrative law lawyers are very familiar with this Act and can derive grounds for lodging objections and appeals from it. Administrative law lawyer Mark van Weeren van Blenheim specialises in licences. He has written, among other things, the book ‘The battle for scarce permits’.
Objection and appeal against a licence decision
A decision relating to a licence may be unjustified where there is no, or an insufficient, legal basis. The decision may also be contrary to principles of good administration if it is insufficiently detailed and substantiated, or disproportionate. A decision made by an administrative body may also fall outside the competence of the administrative body, or a procedural error may have been made. A decision may also violate one of the fundamental rights of the ECHR. In short, an administrative law lawyer searches for any flaws in the decision to protect his or her client against wrongful government decisions.