A citizens’ right to make mistakes: towards rebuilding trust in government
The mutual trust between citizens and the government has come under severe pressure in recent years: cases in point are the Dutch childcare benefit scandal and the popularity of conspiracy theories on social media. This is a serious issue: the sustainability of a democratic state under the rule of law requires basic mutual trust of citizens and government. Dr. Rens Koenraad, Assistant Professor of Administrative Law, uses his Starter grant to study ways to rebuild that trust. He argues that the initiative should come from public administration itself.
“I am worried about the future of the Netherlands as concerns democracy, politics, governance, and the rule of law,” Koenraad explains his research on rebuilding trust. “As a researcher studying how the law is drafted and as a deputy judge, I want to use my knowledge, skills, insights, and practical experience to foster an open society where everyone matters.”
The government has a special responsibility in breaking the downward spiral of distrust between government and citizens, according to Koenraad. “Many politicians, administrators, as well as many lawyers think that the administrative courts are crucial in stemming the distrust of legislators and public administration towards citizens. However, that assumption is incorrect. Rebuilding trust begins with public administration itself trusting citizens.”
Koenraad thinks the solution lies in rules to regulate and correct administrative behavior. This will allow affected citizens to appeal to the courts to enforce compliance with the standards of conduct.
As a practical solution, he wants to incorporate a ‘right to make mistakes’ in the General Administrative Law Act (Algemene wet bestuursrecht): the possibility for citizens to correct minor administrative errors, without being immediately faced with such sanctions as draconian measures to reclaim benefits. A first version of the bill has already been drafted. Politicians and civil society organizations will hopefully take it further in the near future.
Koenraad is also delving into the question of how to balance a tailored approach (based on the proportionality principle) and predictability (based on the principle of legal certainty), in order to build trust. A tailored approach, including the option to make exceptions, is only feasible if the relevant administrative authority is aware of what citizens are dealing with. “That requires taking the time to look and listen, which goes a lot further than ‘I hear what you are saying,’” Koenraad explains.
“We need to adopt a more empathic approach to citizens. If citizens notice that the legislator and public administration act based on trust and compassion, that will create the space to rebuild trust and confidence in government.”