Key Benefits:
Law of 20 June 1996 laying down rules on the granting of grants by the Minister of Justice and amendment of any laws relating to the title of the title in the third tranche of the General Law on administrative law
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to legislate for the granting of subsidies by our Minister of Justice and to amend certain laws in connection with the provisions on subsidies in the third tranche of the European Union's financial year. General administrative law ;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
In this law and the following provisions are understood under our Minister: Our Minister of Security and Justice.
This Chapter shall apply only to grants provided by our Minister and who:
a. rests on this law; or
(b) do not rely on a legal requirement.
A grant from a budget not yet determined shall be granted subject to the condition set out in Article 4:34, 1st paragraph, of General Law governing law .
If our Minister provides funding for activities co-financed by other administrative bodies, our Minister may depart from the obligations attached to or under this Law to the extent that
a. This is desirable in order to ensure a proper alignment with the obligations imposed by those other administrative bodies; and
(b) it is not disproportionate to the interests of the purpose of imposing such obligations.
1 With the oversight of compliance with the in or under this Act or the General administrative law Obligations imposed on the grant-recipient are entrusted to the persons designated by the decision of Our Minister.
2 The supervisory authority does not have the powers specified in the Articles 5:18 and 5:19 of the General Administrative Law Act .
3 Of a decision referred to in paragraph 1 shall be communicated by placing in the Official Gazette .
4 subsidies provided by Our Minister are subject to the obligation of the grant recipient to provide a supervisor with all the cooperation which it can reasonably claim in the exercise of its powers.
For the purpose of this chapter, victim support means:
(a) the reception and support of victims and survivors of suspected criminal offences, consisting of:
1 °. legal support;
2 °. Practical support;
3 °. Short-term emotional support;
4 °. referral to aid institutions not intended for victims in particular;
b. Activities to improve the position of the victim.
1 Our Minister shall designate a legal person responsible for the tasks referred to in the Article 6 .
2 Of the designation by Our Minister, to be communicated in the Official Gazette .
The legal person is required to obtain the permission of Our Minister for the acts referred to in Article 4:71, 1st paragraph, of the General Law governing the administrative law .
1 Our Minister provides, for each financial year, a grant to the legal person for the work carried out by the legal person or under his responsibility.
2 Section 4.2.8 of the General Administrative Law Act shall apply.
3 In the case of ministerial arrangements, detailed rules may be laid down concerning:
a. the amount of the grant or the way in which the amount is determined;
b. the application for a grant and the decision-making process;
c. the determination of the subsidy;
d. Withdrawal or modification of the grant;
e. obligations of the grant recipient.
Our Minister may provide support for special projects in the area of victim assistance.
1 The legal person shall constitute an equalisation reserve referred to in Article 4:72 of the General Administrative Law .
2 In the case of ministerial arrangements, detailed rules may be laid down for the provisions of the first paragraph.
1 Where the legal person makes business available to, or provides services to, natural or legal persons who do not have the support of the legal person, it shall pay a fee which shall, at least, cover the costs of such services. a.
2 Where the legal person is made available to the legal person by another legal person whose purpose is to support the legal person, it shall pay no higher remuneration to that legal person than the amount in respect of that legal person's claim on the basis of the the historical cost and account may be taken into account in terms of the depreciation rates applicable to the institution.
3 If, for the legal person, services are provided by another legal person, with the purpose of supporting the legal person and which is generally carried out in its own management, the legal person shall pay to the other legal person no higher remuneration than the amount that would have cost the provision of the services in its own management.
4 The legal person shall supply to our Minister, on request, a description of the organisational or financial ties existing between that legal person and other legal persons, and whether or not to create or modify them in such a way that Tyres, in so far as such links may affect the determination of the fees, referred to in the first to the third paragraph.
1 Our Minister may provide subsidy to the legal person in charge of mediation between the accused and the victim, intended in Article 51h of the Code of Criminal Procedure .
2 In the case of ministerial arrangements, detailed rules may be laid down for the provisions of the first paragraph.
1 In the course of the investigation, Article 4:78 of the General Administrative Law The auditor shall also examine the fulfilment of the obligations attached to the grant.
2 Our Minister proposes an indication of the scope and intensity of control, as intended. Article 4:79, 2nd paragraph, of the General Law on Administrative Law -I'm sure.
1 In the cases referred to in Article 4:41, 2nd paragraph, of General Law governing the administrative law -Our Minister has a full obligation to give up.
2 In determining the amount of the fee, the assets shall be valued at their current value. The valuation of an immovable property shall be carried out by three experts. Our Secretary of State shall each appoint an expert to designate a third expert, each of whom shall be appointed by mutual agreement.
3 The first paragraph shall not apply if the activities of the grant recipient are continued by a third party, and the assets and liabilities are transferred to that third party with the consent of our Minister against carrying amount.
For the purposes of this Chapter:
crime prevention: activities aimed at:
a. Deterring potential perpetrators of criminal offences from committing or re-committing criminal offences;
b. reducing the opportunity for committing criminal offences; or
c. The prevention of victimization.
Volunteering in the sanctioning application: activities carried out by volunteers for the benefit of (ex-) judicial in-persons, aimed at reintegration of the (ex-) judicial and individuals into society.
1 Our Minister may provide subsidies for the maintenance of legal persons engaged in crime prevention, the prevention of terrorism, aftercare, or voluntary activities in the sanctioning of the sanctions application.
2 Section 4.2.8 of the General Administrative Law Act shall apply.
3 The Articles 13 and 15 shall be applicable mutatis mutandis.
Our Minister may provide subsidies for activities in the area of crime prevention, terrorism prevention, after-care and volunteer activities in the sanctioning of the sanctions application, in which:
(a) promote the activities that have been proven to be effective;
b. activities in this field are developed or
c. the activities are focused on the promotion of expertise.
1 By ministerial arrangement rules may be laid down on the subsidies referred to in the Article 34 .
2 These rules may cover in any case:
a. an elaboration of the activities, mentioned in Article 32 , which are eligible for grant, and
(b) a detailed description of the obligations attached to the grant.
Our Minister can fix a subsidy ceiling for grants as intended Article 34 . He determines how the available amount is distributed.
Our Minister may provide support for research which is expected to be relevant to the formation, review or implementation of the policy for which he is responsible.
Our Minister shall, within one year of the entry into force of this Law and every two years thereafter, lay down policy rules relating to the research for which grant may be granted during that period.
1 The subsidy shall not exceed the costs of the investigation.
2 Under ministerial arrangements, rules may be laid down concerning:
a. the costs eligible for the subsidy;
b. the way in which certain costs are calculated;
c. the subsidy, which may be granted at the highest for certain costs.
The grant shall only be granted if the research proposal:
a. fits within the policy rules;
b. is of sufficient scientific quality; and
(c) having regard also to the financial resources available, is of sufficient relevance to the policy of our Minister.
The application for the grant of the grant shall be submitted no later than eight weeks before the start of the investigation.
1 The application shall include at least:
a. A research plan; and
b. a budget.
2 The application shall also specify, in any case:
(a) the composition of any grouping in which the investigation is carried out;
b. the institution which bears the human and financial responsibility for carrying out the investigation; and
(c) the situation regarding the assessment of any applications for grant to one or more other administrative bodies or bodies of international organisations, which cover the same budgeting expenditure.
3 In the case of ministerial regulations, rules are laid down on the requirements to be met by a research plan and a budget.
Our Minister will decide within thirteen weeks on the application for grant of the grant.
1 In the case of ministerial arrangements, rules may be laid down on the implementation of the investigation.
2 These rules may cover in any case:
(a) the requirements for the supervision, supervision and provision of the research;
(b) the establishment of an accompanying commission and the representation of our Minister in that committee;
c. reporting;
d. the publication of research results;
e. the ownership, use and storage of research material.
3 The rules referred to in paragraph 1 do not cover the results of the investigation.
4 Our Minister makes, without prejudice to the provisions of Article 10 of the Public Administration , the research results publicly available as soon as possible, but in any case within six months of its offer to Our Minister.
1 The grant-recipient and any person involved in the execution of the investigation shall be required to disclose personal data or other information of a confidential nature obtained from the investigation.
2 Personal data referred to in paragraph 1 shall only be used for the research for which a grant has been granted, unless our Minister or the person who provides the information gives consent for use in other research.
1 The application for the determination of the subsidy shall be submitted within 13 weeks of the end of the grant period or within 13 weeks of the reporting of the aid.
2 Our Minister shall decide within 13 weeks on the application for adoption.
1 Our Minister may provide support for activities relating to immigration and asylum.
2 Section 4.2.8 of the General Administrative Law Act shall apply.
3 Our Minister may lay down a subsidy ceiling. It shall determine how the available amount is distributed.
4 In the case of ministerial arrangements, detailed rules may be laid down for the provisions of the first paragraph.
1 Our Minister may provide subsidies for:
a. The act as a trustee as intended Article 287, third paragraph, of the Bankruptcy Law ;
b. Operations in support of directors.
2 The grants shall be granted per financial year.
3 Section 4.2.8 of the General Administrative Law Act shall apply.
1 In the case of, or under general management, rules shall be laid down concerning:
a. The persons or institutions to which the grants may be provided;
b. the manner in which the amount of the subsidies is determined;
c. the obligations attaching to the grants to the recipient insofar as it is not already derived from the third title of the Bankruptcy Act ;
d. the grant of advances;
e. the fixing and allocation of one or more grant ceilings.
2 If the grant is granted to a legal person established under public law, by derogation from the Article 4:21, third member, of General Law governing law , Title 4.2 of that Law applicable.
3 Our Minister shall set up a committee of experts. The committee is of a temporary nature. The committee advises on the implementation of the third title of the Bankruptcy Act .
1 Our Minister provides grant to a probation institution or a partnership of probation institutions for the implementation of probation activities by financial year.
2 Section 4.2.8 of the General Administrative Law Act shall apply.
3 In the case of, or under general management, detailed rules may be laid down concerning the provisions of the first paragraph.
For the purposes of this Chapter:
a. Halt-repentance: a repentance as intended Article 77e of the Code of Criminal Law .
b. Young: a suspect in age from 12 to 17 years old.
(c) Halt Office: a legal person designated by Our Minister, which shall in any case provide for the coordination and execution of Halt-to-be-idols;
d. Halt Module: Part of a Halt-to-Fence.
1 Our Minister provides subsidies to the Halt Office per financial year.
2 By ministerial arrangement, requirements may be made to designating a Halt desk and may be determined in which cases the designation is suspended or revoked.
3 Section 4.2.8 of the General Administrative Law Act shall apply.
4 The Articles 11 , 13 and 15 shall be applicable mutatis mutandis.
5 An Application For The Award Of The Subsidy Shall Be Applied To The End-office Within 13 Weeks Of The End Of The Financial Year.
6 At the Halt Office, it is determined by and under the Articles 25, first and second members , and 28, First paragraph, of the Youth Care Act for the purposes of the responsibility allocation, mutatis mutandis, with the exception of 'the healthcare provider': the Halt Office.
6 What to do with and under the Articles 4.1.1, second paragraph, first sentence In conjunction with 4.1.5, first paragraph, of the Youth Act is defined in respect of youth aid providers with regard to the responsibility allocation for the corresponding application of Halt Offices.
1 The subsidy to the Halt Office shall be the sum of the costs of each of the Halt of the operations carried out during that year, and the costs of the regular operations of the Halt Office.
2 Our Minister, when granting the grant, may provide that the subsidy amount of the grant may be adjusted by him in the course of the financial year to take account of the development of the wage and price level.
1 The Halt office shall communicate to our Minister no later than four weeks after the end of each financial year an indication of the number of loans, broken down according to the different Halt modules.
2 In the case of a ministerial arrangement, the other obligations relating to the grant of the grant may be determined.
1 If the subsidy proves that the final number of loans is more than 105% of the estimate, an increase in the subsidy is to be determined by our Minister.
2 If the subsidy proves that the final number of loans is less than 95% of the estimate, a reduction in the subsidy is to be determined by our Minister.
3 In the case of ministerial arrangements, detailed rules may be laid down in respect of the provisions of the first and second paragraphs.
The Halt office needs the permission of Our Minister for the acts referred to in Article 4:71 of the General Administrative Law .
1 The Halt office can form an equalization reserve as intended Article 4:72 of the General Administrative Law .
2 The maximum level of the annual addition and the maximum extent of the equalisation reserve shall be determined by ministerial arrangement and detailed rules for the provisions of the first paragraph may be laid down.
Where the Halt Bureau makes business available to, or provides services to, natural or legal persons, it shall charge a fee which shall be at least cost-covering.
Our Minister may provide grants for public order and security activities aimed at:
(a) reducing the opportunity for committing criminal offences;
b. to enhance knowledge and understanding of security issues, as well as to further develop integral security policies;
c. to increase the security of society in general, including the maintenance of public order;
d. support special activities for the police, fire brigade and disaster management organisations.
In the case of, or under general management or by ministerial arrangement, the activities referred to in the Article 48r , be defined, and criteria for the provision of such provision shall be laid down.
In the case of, or under general measure of administration or by ministerial arrangement, subsidies granted on the basis of Article 48r Rules shall be laid down in respect of:
a. the application for a grant and the decision-making process;
b. the amount of the grant or the way in which the amount is determined;
c. the conditions under which grant is granted;
d. the obligations associated with the grant or commitments to be committed;
e. the determination of the subsidy;
f. Withdrawal and amendment of the grant or subsidy claim;
g. the payment of the grant and the granting of advances;
h. the report on the effectiveness and effects of the grant in practice, referred to in Article 4:24 of the General Administrative Law .
1 Our Minister may provide a grant to a legal person for:
a. the maintenance of a centre of expertise specializing in the area of parental international child abduction;
Other activities in the area of parental international child abduction.
2 To a grant referred to in the first paragraph, introductory wording and point (a), Section 4.2.8 of the General Administrative Law applicable.
3 Our Minister may lay down a subsidy ceiling for activities referred to in the first paragraph, introductory wording and point (b). It shall determine how the available amount is distributed.
4 In the case of ministerial arrangements, detailed rules may be laid down for the provisions of the first paragraph.
1 Our Minister may to a legal person as referred to in Article 256 , and to a legal person as referred to in Article 302, 2nd paragraph, of Book 1 of the Civil Code , provide subsidy for the costs incurred in the exercise of the provisions of those provisions and in Article 241, 7th member, of Book 1 of the Civil Code the tasks referred to, including special costs to be given by our Minister.
2 In the case of, or under general management, rules shall be laid down on the Grant of this grant.
1 Section 4.2.8 of the General Administrative Law Act shall apply to subsidies provided by our Minister for each financial year, which are not based on a legal requirement.
2 The Articles 13 and 15 shall be applicable mutatis mutandis.
3 Our Minister may grant exemption or waiver from the first member.
This Act shall not apply to subsidies granted or established before the entry into force of this Act.
For the placement of this law in the State Sheet Our Minister of Justice brings the citations of the articles and departments of the General administrative law with the new numbering of the General administrative law in accordance.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Law Justice subsidies.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 20 June 1996
Beatrix
The Minister of Justice,
W. Sorgdrager
The Secretary of State for Justice,
E. M. A. Schmitz
Published on 4 July 1996The Minister of Justice,
W. Sorgdrager