News item | 13-05-2026 | 13:45
Today, the Ministry of Justice and Security published an assessment framework to support governments in choosing to appeal in administrative proceedings. If a government is unsuccessful in a procedure, this government must determine whether an appeal will be filed. A trade-off must often be made between the individual interests of a citizen and the general interest. The assessment framework offers governments tools to carefully weigh up interests and keep a close eye on the position of a citizen. The framework is intended for local and regional authorities, implementation organizations and ministries. In addition to the assessment framework, a set of standards for proper procedural conduct has been presented, which can be used before, during and after all administrative proceedings.
Citizens must be able to count on a responsive, accessible and approachable government. If a conflict arises, it is the government’s task to de-escalate and take into account the position of the citizen involved. If procedures do arise, the government is often the parent party, because it has more process experience, expertise and resources. Filing an appeal can have major consequences for the citizens involved. However, there may be valid reasons for a government to file an appeal. For example, if the application of a statement is not clear or if a statement deviates from previous statements. The assessment framework must provide guidance for this decision.
Assessment framework
The assessment framework consists of a number of steps that governments can go through. The first step is to weigh up different interests. This weighing of interests between general interest and individual interest must be made on the basis of certainty for a citizen, personal circumstances of a citizen, consequences for a citizen and other stakeholders, legal certainty and legal equality, the effect of the ruling on policy and financial interests. The assessment framework offers questions that can serve as a starting point for weighing all these interests.
The second step is that a decision to appeal must be taken at a level within the organization so that the decision is made as objectively as possible, based on the weighing of interests. This step also requires written substantiation. The third and final step is informing the citizen involved. An appeal decision must be explained to a citizen in an understandable manner. Organizations are free to determine whether and how they apply the assessment framework in their organization.
Proper behavior in procedures
The government’s standards for proper procedural conduct concern what a citizen can expect from a government in a procedure. They apply before, during and after a procedure. With the standards, the government must take into account the position of a citizen and focus on de-escalation. The standards are about good communication, a level playing field and, if possible, removing adverse consequences for citizens. This should include respectful behavior, the acknowledgment of errors, the provision of relevant information and the removal of any adverse consequences of a long procedure.
Widely received
The framework and standards have been established on the basis of existing assessment frameworks, scientific research, guidelines from the National Ombudsman, and input from professionals (expert team) from local authorities, implementation organizations and ministries. To bring it to the attention of governments, it is shared on the government website and via the Knowledge Center for Policy and Regulation. Discussions are also taking place with the VNG and Divosa to bring this to the attention of local authorities
