Nadeelcompensatie en tegemoetkoming in planschade
Nadeelcompensatie en tegemoetkoming in planschade – Titel 4.5 Awb en afdeling 15.1 Omgevingswet: tussen eenheid en verscheidenheid" (Title in Dutch only)
This dissertation is about disadvantage compensation, in other words: compensation for lawful government action. This topic is currently regulated by dozens of laws and hundreds of lower regulations.
Since the 1990s, attempts have been made to replace this (often cluttered) mishmash of regulations with a general regulation in the General Administrative Law Act (Awb). A law was passed in 2013 that anchors such a scheme in title 4.5 of the Awb. However, the questions raised by this title are politically sensitive and so difficult to answer that their entry into force is always postponed. In order to promote a smooth entry into force, this thesis first sought explanations for differences between the most important contemporary disadvantage compensation schemes. Subsequently, investigated was how the most important sources of future disadvantage compensation law, being title 4.5 of the Awb and Section 15.1 of the Environmental Act, were designed and should be applied.
Finally, taking into account the original objectives of these regulations, recommendations have been made to the legislator, court and administration to shape and apply the future damage compensation law as optimally as possible. Among other things, this resulted in proposals for alternative legal texts for title 4.5 of the Awb and Section 15.1 of the Environmental Act. Practice lawyers and individual citizens who are considering an application for damage compensation will also benefit from this extensive research into the material criteria and procedural rules for granting compensation.
PhD thesis written by Jonathan Huijts.