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handelingsafweging

Handelingsafweging is a term used in Dutch administrative law to describe the deliberative process by which a public authority weighs the different interests at stake when deciding whether to take action or to refrain from action. The concept underlines that decisions should be based on a careful balancing of competing rights, public interests, safety, costs, and possible consequences.

In practice, handelingsafweging involves identifying relevant interests, assessing factual circumstances, considering feasible alternatives, and evaluating the

Legal basis for handelingsafweging rests in Dutch administrative law, where decisions must be properly motivated and

Contexts in which handelingsafweging is applied include permit and licensing decisions, enforcement actions, zoning and spatial

potential
impact
of
each
option.
The
authority
then
selects
the
course
of
action
that
provides
the
most
appropriate
balance,
while
taking
into
account
statutory
constraints
and
procedural
rules.
The
process
often
includes
applying
principles
such
as
proportionality,
subsidiarity,
necessity,
and
the
duty
of
care,
as
well
as
ensuring
transparency
and
justification
of
the
chosen
measure.
the
reasoning
behind
the
balancing
of
interests
disclosed
to
affected
parties.
This
aligns
with
the
general
requirements
of
the
Awb
(Algemene
wet
bestuursrecht),
including
the
zorgvuldigheidsbeginsel
(duty
of
care)
and
the
proportionaliteitsbeginsel
(proportionality),
as
well
as
the
obligation
to
provide
motivering
(reasons)
for
decisions.
planning,
and
other
administrative
measures
where
authorities
must
choose
among
different
means
or
levels
of
intervention.
The
concept
supports
decisions
that
are
proportionate,
necessary,
and
appropriately
tailored
to
the
specific
situation.