News item | 01-31-2024 | 09:02
In the Netherlands, everyone should be able to count on a government that is service-minded and takes into account the human dimension. The bill ‘strengthening the guarantee function of the General Administrative Law Act’ contributes to this and is now being consulted. The Council of Ministers agreed to this on January 26. The proposal contains various adjustments to improve government services, strengthen the human touch and promote accessible contact. It gives government organizations and the courts more room to take people’s individual situation into account.
Minister De Jonge: ”In this way we encourage the government to stand next to people again, listen to them and empathize with them. If a rule turns out to be unfair, you must be able to intervene. You want to offer that space to the judge and government agencies.”
The proposed adjustments arise from the government’s response to the report of the Parliamentary inquiry committee on Childcare Allowance and the debate with the House of Representatives about it.
The proposed changes are in brief:
- A new general provision is inserted that instructs the government to be subservient in the performance of its duties and to provide assistance to people if they need it.
- The operation of the principle of proportionality is expanded. There will be more room to disapply a law or rule if people are disproportionately affected by strict application of that rule, if the purpose of the regulation can also be achieved in another way.
- The bill makes it easier to correct errors in a decision that are easy to resolve, for example when it concerns an administrative or clerical error.
- Government decisions are clearly justified.
- Contact will be made in the event of financial decisions with direct consequences for the direct spending capacity.
- With financial debts, more account is taken of what people can or cannot do themselves. If someone has financial debts, the government will help by being more lenient with terms or by offering a payment plan more actively.
- There will be more room to submit an objection if the period has been exceeded, for example in the case of special or personal circumstances.
- To avoid unnecessary procedures, it is proposed, among other things, that the government
a. indicates on a decision how to get in touch with an official who knows your file,
b. In case of an objection, first talk to the objector and
c. If an objection is submitted too late, you will be contacted to find out whether there are reasons to still submit it, even though the term has been exceeded. - The position of the citizen in proceedings before the administrative court is strengthened because a citizen can be given the opportunity to further substantiate his grounds for appeal (the so-called citizen loop). The administrative judge may ask the citizen for additional evidence.
Anyone who wants to can read and respond to the proposal until August 1, 2024. It then goes to the Council of State for advice and then to the House of Representatives.