Verbod op misuse of power


The ban on détournement de pouvoir, partly French for 'power distortion' or (more commonly in Flanders) 'disqualification of power' or 'power deviation' is a ban on governing bodies to use administrative powers for a purpose other than what they have given are.

This ban originated from the case law of the Hoge Raad der Nederlanden and subsequently codified in Art. 3: 3 Awb. Example

The municipal council claimed a house for the purpose of an inspector of the police because the landlord of the house calculated too high rent. The board could have claimed the property under the Procurement Decree Housing Room if this had not been done to punish the landlord for calculating overpriced rent but to allocate the available living space efficiently (this decision served an efficient distribution of the available housing after the Second World War). The motive of the claim by the local government was not consistent with the purpose and purpose of the Progress Decision, and thus the municipal government has fallen outside its powers.

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