Gelijkheidsbeginsel
Principle of Equality
The principle of equality entails that like cases must be treated alike and unlike cases unlike, insofar as this is objectively justified.
The principle of equality is a fundamental legal principle enshrined in Article 1 of the Constitution and in various international treaties. It prohibits arbitrary distinctions and requires that government action, legislation and judicial decisions be based on reasonable and objective criteria.
In practice, the principle plays a significant role in the review of decisions by administrative authorities, fiscal measures and terms of employment. Courts assess whether unequal treatment is proportionate and necessary.
A breach of the principle of equality may result in the annulment of a decision or an award of damages.
“The advocate contended that the refusal of the permit was contrary to the principle of equality, as similar applications had been granted in the past.”
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