bevoegdheidsgeschillen

Bevoegdheidsgeschillen are disputes about which public authority has the power to decide or regulate a particular matter. In Dutch constitutional and administrative law they arise when two or more authorities claim competence to handle a case, to issue a regulation, or to implement a policy. Such conflicts commonly occur across levels of government—nationaal, provinciaal, gemeentelijk of waterschapsniveau—or between different agencies at the same level. They can also arise when tasks are allocated to different branches of government or when an administrative decision falls within the scope of more than one regulator.

Bevoegdheidsgeschillen are resolved by the judiciary. A court determines which authority has the legal competence to decide the matter. The ruling clarifies the proper forum for the substantive case and prevents parallel or conflicting decisions. The typical procedural route is filing a jurisdictional challenge within a civil or administrative procedure; depending on the subject matter and the institutions involved, the matter may be heard by a general court or by a specialized administrative court or division.

The outcome of a competence decision influences the legality and enforceability of measures, plans or decisions. Resolving such disputes contributes to legal certainty, coherence in policy implementation, and accountability in the distribution of governmental powers.

Examples include disputes about zoning or licensing between municipalities and provinces; conflicts between national regulations and subnational regulatory schemes; or between a ministry and a public body tasked with overlapping powers.