De adviescommissie in bezwaar. Inrichting van de bezwaarprocedure bij gemeenten

Promotie: mw. A. Schwartz, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Proefschrift: De adviescommissie in bezwaar. Inrichting van de bezwaarprocedure bij gemeenten

Promotor(s): prof.mr.dr. J.G. Brouwer

Faculteit: Rechtsgeleerdheid

Contact: Annelies Schwartz, tel. 06-537 99 593, e-mail: annelies@wxs.nl

De adviescommissie in bezwaar. Inrichting van de bezwaarprocedure bij gemeenten

The legislator gives administrative authorities discretion to organize the objection procedure according to their own lights: some decisions lend themselves more to reconsideration and advice by an external advisory committee as referred to in Article 7:13 of the General Administrative Law Act (Awb), other decisions can be reconsidered more effectively and efficiently in a different way. The legislator thus aims at a safeguarded objection procedure which is efficient and easily accessible and in which direct personal contact between administrative authority and interested parties can take place. However, not enough use is made of this possibility. Since the introduction of the Judicial Review of Administrative Action Act (Arob) in 1976, municipal administrative authorities have called in advisory committees to deal with objections. Indeed, the last fifteen years have seen a clear rise in advisory committees with a mainly external composition and consisting largely of jurists.

Annelies Schwartz has investigated to what extent the organization of an objection procedure in which an advisory committee is called in to deal with an objection meets the aims of the legislator. Her study shows that there is reason to curtail the influence of the advisory committee in objection procedures. Objections can be dealt with more efficiently and more effectively by means of consultation. In that case the administrative authority itself investigates whether the dispute can be resolved to the satisfaction of the objector and possibly a third party or third parties without the intervention of an advisory committee. This procedure has positive effects: a shorter term of settlement, notices of objection are often withdrawn and the relationship between administration and citizens is improved.