Rechtmatigheid onderzocht

Regularity investigated Since 2003, decentralized audit offices in the Netherlands have been authorized to investigate the regularity of the administration conducted. The definition of ‘regularity’ and the scope of the regularity investigation is not described in the law or in the literature. In this article, a regularity investigation is defined as ‘testing whether the administration has complied with applicable law’. That applicable law consists of written and unwritten rules of law, and case law. Audit offices examine regularity less often than efficiency and effectiveness. However, they have started researching it more often than in the past, according to this article. Of the administrative audit office reports in 2019, 42% contained a regularity finding, conclusion or recommendation. Accountants also investigate the regularity. They do this in the context of the annual audit and limit themselves to financial regularity. The regularity audit carried out by decentralized audit offices is broader. In addition to written legal rules, it also focuses on unwritten legal rules and case law, it is not limited to financial subjects and the investigation period can be longer than one reporting year. The findings and conclusions of the audit offices regarding the lawful unlawful actions of the administration concern the consequences for citizens and companies and the consequences for the efficiency and effectiveness of the administration’s actions.