onrechtmatigheid

Onrechtmatigheid is a legal term used in Dutch law to denote unlawfulness. It refers to the condition that a conduct or decision cannot be justified under applicable law, for example when it violates a statute, infringes the rights of another, or fails to comply with mandatory procedural requirements. The concept is used in both civil and administrative contexts to assess whether an action or decision is legally permissible.

In civil law, onrechtmatigheid is central to liability for unlawful acts (onrechtmatige daad). An act is unlawful when it infringes someone’s rights or breaches a legal duty in a way that cannot be justified by considerations of reasonableness or necessity, and it causes damage. This forms the basis for claims for damages under the Dutch Civil Code.

In administrative law, onrechtmatigheid is used to evaluate the legality of acts by public authorities, such as decisions, permits, or regulations. A decision may be deemed onrechtmatig if the authority acted beyond its legal powers, failed to follow required procedures, or otherwise contravened statutory rules or general principles of good governance. Remedies commonly include annulment or modification through administrative review, and, in certain cases, damages.

The concept thus captures the core idea that actions must be grounded in law and fair procedure. It underpins judicial control over public power and the accountability of private and public actors for unlawful conduct.