The Dutch system of dispute resolution in administrative law

Abstract

Legal protection against the government is one of the most important features of administrative procedure in the Netherlands. Part of that system is the Alternative Dispute Resolution mechanisms of administrative pretrial proceedings and Ombudsmen. This system is linked with a system of administrative first instance and secondary appeal courts. In that context, we describe some basic features of Dutch administrative law. Administrative appeals in the Netherlands consist mainly of administrative objection proceedings, followed by appeals to administrative courts. Administrative appeals against an administrative decision at a hierarchical superior administrative authority hardly occur. Administrative objection proceedings have an important function to give administrative authorities the opportunity to correct mistakes. Especially in so-called decision-making factories, this is a most important function. Less than 10 % of the decisions on objection are appealed against at the administrative courts. Ombudsmen fulfill an important mediation function where administrative objection and court proceedings are not accessible.