Non-existent besluit
Non-existent decision
A non-existent decision is a decision that does not exist in law on account of serious, fundamental defects.
In Dutch administrative law, a decision is regarded as non-existent where it is so fundamentally defective that it cannot produce any legal effects. This is distinct from a void decision, which does exist but may subsequently be declared invalid.
The term is relevant because a non-existent decision may be treated as not having come into existence without the need for formal annulment proceedings. In practice, the courts determine this matter, and such cases are rare, typically arising in respect of decisions issued by an incompetent authority or lacking any statutory basis.
“The court held that the purported decision was non-existent, as it had never been adopted by a competent authority.”
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