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Administrative law

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Going to the administrative court

 
 

Appealing against the decision

If your objection to the administrative body’s decision has been dismissed, you can appeal by submitting a notice of appeal.

Direct appeal

In your notice of objection, you can also ask the administrative body to agree to a direct appeal to the administrative court. A direct appeal means that you do not have to complete the objection procedure.

Provisional ruling

You can also ask the administrative court for a provisional ruling, so that the administrative body’s decision temporarily does not apply to you. You can do this during both the objection procedure and the appeal procedure. You need to submit a ‘petition’ (verzoekschrift) to ask for this.

 

 

In administrative law, the judge will only deal with your case if you have a ‘direct interest’. This can be an individual interest (just you) or a collective interest (you and other people).

 

 

Authorised representatives in administrative law

You do not have to have a lawyer to bring a case in administrative law, but you can if you want to. If a lawyer represents you, you do not need to authorise that lawyer to do so. If someone who is not a lawyer represents you, you will need to authorise that person.

 

 

Costs of bringing a case

A court case can involve several different costs. You pay a fee so that the judge will hear the case: court fees. You may also have to pay for a lawyer, a tax adviser or an interpreter if you want one.

 

 

Decision

The General Administrative Law Act says that every decision in an administrative law case must be public. The court keeps an official record ('proces-verbaal') of those decisions.

People can ask the registrar for a copy of that official record, including the case number, the names of the people who are involved in the case and the court’s decision. The registrar will send the copy free of charge.

If they want to, those people can use that official record to ask the registrar for a copy of a specific decision. The court can then give them that decision free of charge or publish it at www.rechtspraak.nl.

 

 

Mediation in addition to legal proceedings

Mediation in addition to legal proceedings brings people together to resolve their conflict. An independent mediator leads the mediation. You can get mediation in any area of law and at any time during the case. The judge can suggest it, or you can ask for it yourself. If you can resolve your dispute through mediation, you may not need to go to court. The people who have the dispute pay for mediation together.

 

 

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