referentieresolutie

Referentieresolutie, also known as the "reference resolution" or "reference resolution principle," is a concept primarily used in the context of Dutch legal and administrative procedures. It pertains to the way in which legal disputes involving public authorities are handled, particularly when a citizen believes that an administrative decision is incorrect or unjust.

The principle of referentieresolutie ensures that disputes between citizens and public authorities are resolved through a structured process. When a citizen disagrees with a decision made by a government agency, they can first appeal to an internal review body within that agency. If the internal review does not resolve the issue satisfactorily, the case can then be escalated to an independent administrative court. This two-step process helps to streamline the resolution process while maintaining fairness and impartiality.

In Dutch law, referentieresolutie is rooted in the principle of legal certainty and the right to effective judicial protection, as outlined in the European Convention on Human Rights. It aims to provide a clear pathway for citizens to challenge administrative decisions while ensuring that public authorities have the opportunity to correct errors before a case reaches the courts. This approach helps to reduce the burden on judicial systems by encouraging internal resolution before litigation.

The concept is particularly relevant in areas such as social security, taxation, and environmental regulation, where administrative decisions can have significant consequences for individuals and businesses. By adhering to referentieresolutie, authorities promote transparency and accountability, fostering trust between the government and the public.