Misbruik van bevoegdheid

Abuse of Authority

Abuse of authority is the exercise of a statutory power for a purpose other than that for which it was granted.

Abuse of powers is a legal doctrine in administrative law whereby an administrative authority exercises a power conferred upon it for a purpose other than that intended by statute. This prohibition is laid down in Article 3:3 of the General Administrative Law Act (Awb) and serves to ensure that governmental action remains lawful and purpose-oriented.

In practice, abuse of powers may result in the annulment of a decision by the administrative court. Interested parties may invoke this ground in objection or appeal proceedings to prevent public authorities from exercising their powers for personal or improper purposes.

“The court held that the municipality had abused its powers by refusing the environmental permit solely to benefit a competitor.”

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