Opheffende

Opheffende is a term in Dutch law referring to a specific type of administrative decision made by a higher authority. This decision serves to annul or revoke a previously issued decision made by a lower administrative body. The purpose of an opheffende beslissing, or "rescinding decision," is to correct administrative errors, ensure legal uniformity, and protect the rights of citizens.

A higher authority, such as a provincial executive or a minister, can issue such a decision after reviewing an appeal from a citizen or company affected by the original ruling. Alternatively, the higher authority may act on its own initiative if it determines the original decision was unlawful or improper. The grounds for issuing an opheffende decision typically include a violation of legal procedures, an incorrect application of substantive law, or a clear case of undue influence or bias in the initial decision-making process.

This mechanism is a cornerstone of administrative legal protection in the Netherlands, providing a crucial check on the power of local and regional governments. It allows for the rectification of mistakes without immediate recourse to the courts, though the decision itself can often be appealed to the administrative law sector of the district court. The concept is formally regulated within the General Administrative Law Act (Algemene wet bestuursrecht), ensuring a standardized procedure for its application across various domains of public administration.