When businesses or organisations have a dispute with the government, they are dealing with administrative law. For example, if they disagree about a reduction in a grant, or if a regulatory body believes that a business owner is breaching the rules, resulting in a fine being imposed. Disputes may also arise concerning the granting or refusal of a licence, or regarding any other decision taken by a local authority, a county council or another administrative body. In all these cases, you can call upon the administrative law attorneys at Wijn & Stael. They assist both public authorities and businesses and (other) organisations in cases where they are on opposing sides.

Specialists in the Open Government Act (Woo)
The Woo prioritises the importance of openness regarding public information and grants everyone the right to request information from public authorities. The attorneys in our Administrative Law department stand out for their extensive knowledge and experience with the Woo. They have represented both public authorities and businesses in the past.

As a business, you can submit a Woo request if you wish to gain insight into the decision-making process regarding a change to a zoning plan, the granting of a licence or an enforcement procedure. However, you may also find yourself dealing with the Woo if a third party wishes to gain access to sensitive data concerning you or your business that is held by an administrative body. Our administrative law attorneys will help you submit the correct Woo request at the right time. They will also represent you in court if the Woo request is rejected or if you wish to prevent your data from being made public as a result of a Woo request from a third party.

In addition, we advise public authorities on how to handle incoming Woo requests. Assessing a Woo request requires careful consideration: which documents fall within the scope of the request, which grounds for exemption apply, and how should the interests of third parties whose data appear in the documents be addressed? Our attorneys guide public authorities through this process and, where necessary, provide legal assistance in the subsequent Woo proceedings.

Legal assistance with supervision and enforcement
You can also engage our administrative law attorneys for supervision and enforcement cases. Examples include situations where a supervisory authority or inspector from a government body imposes an order subject to a penalty payment or an administrative fine because a business has breached certain rules. Our attorneys can then assist the supervisory authority in imposing these measures, but they can also assist the business owner by challenging them. Our attorneys have many years’ experience in administrative procedural law and are therefore well-equipped to handle situations where proceedings take an unusual course. They know which steps can be taken to expedite proceedings where necessary. However, they also recognise when it is better to pause and reassess, as they suspect that other, more pragmatic solutions may be available rather than continuing with legal proceedings.

Advice and assistance in grant matters
Public authorities award grants to encourage certain activities or objectives.

Grants may be awarded to individuals, businesses and organisations, and are based on a variety of grant schemes at national, provincial or local level. The grant process begins with an application, followed by a decision to award the grant and — once the grant-funded activities have been completed — a final assessment decision. Throughout this process, the grant recipient is subject to certain obligations, such as complying with grant conditions and providing accountability. If these obligations are not met, the government may withdraw the grant and reclaim any amounts already paid out. This is a far-reaching measure that must be applied with due care.

Our attorneys advise and litigate in the field of grant law. We assist applicants who are faced with a refusal, withdrawal or recovery of a grant. In addition, we advise public authorities on designing a rigorous grant process and, where necessary, provide legal assistance in its implementation.

Strategic thinkers with a goal-oriented approach
What characterises the lawyers at Wijn & Stael is their strategic insight and practical approach to every case. This means that they will consult with you to determine the best course of action to achieve your objective. Our administrative law attorneys have a clear understanding of the various interests that may be at play in a case and take these into account when advising on how to proceed. They think strategically and always maintain a broad overview. Furthermore, our administrative law attorneys know when to approach whom and, where necessary, consult with other (expert) parties.

You can contact our administrative law department for advice and litigation concerning, among other things:

• assistance with Woo requests, both in relation to public authorities and businesses facing a Woo request;
• supervision and enforcement issues concerning, among other things, hospitality licences, housing permits, unauthorised building works and public order;
• the granting and provision of grants, and disputes regarding the amount of grant awards;
• (substantiating) and applying for various licences, advising on obtaining licences and subsequent procedures such as objection proceedings and (higher) appeal proceedings before the court and the Administrative Law Division of the Council of State.

Interested?
Meet our administrative law attorneys below and get in touch for a no-obligation introductory meeting.