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Appeal procedure in administrative law

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If you do not agree with a decision made by a government organisation (an administrative body) – for example a municipality, province, water board, regulatory body or the central government – and if the organisation rejects your objection to that decision, you can take the case to the administrative court. You do not need a lawyer to start an appeal procedure.

If you disagree with a decision by a government organisation

First, you can object to the decision

You do this by sending the government organisation a ‘notice of objection’.

You can also use that notice of objection to ask the government organisation to agree to a direct appeal to the administrative court. A direct appeal means that you do not have to complete the objection procedure.

The organisation responds to your objection.

The government organisation sends you its decision on your objection and tells you:

  • which organisation you can go to if you want to appeal against that decision
  • how much time you have before the court must receive your notice of appeal

Which court, tribunal or council will deal with your notice of appeal depends on the kind of government decision that has been made and the issues involved in the case. Read on for more information.

 

Administrative case law, courts

You can go to court if you are appealing against government decisions about things like:

  • social security (including: benefits, social assistance benefit, child benefit)
  • care and support at home (under the Social Support Act or ‘Wmo’)
  • spatial planning (such as an environmental permit to cut down trees or to build something)
  • not granting subsidies
  • access to government information (under the Government Information (Public Access) Act or ‘Wob’)
  • taxes and allowances
  • immigration (such as an application for asylum)
  • administrative penalties (such as an instruction to take away a shed that was built without permission, or a fine for breaking the Fertilisers Act)

Specific areas of administrative law

Sometimes there is only one court in the Netherlands that is allowed to deal with a specific area of administrative law.

When a court makes a decision in an appeal procedure (a hearing in the first instance), you can appeal that decision (have a hearing in the second instance).

 

The Trade and Industry Appeals Tribunal (CBb)

The Trade and Industry Appeals Tribunal (CBb) deals with appeal procedures based on many economic administrative laws. Here are some examples of CBb matters:

  • Framework Act for subsidies from the Ministry of Agriculture, Nature and Food Quality (for example a decision by the Netherlands Enterprise Agency (RVO) about farming subsidies)
  • The Health Care (Market Regulation) Act (for example a decision by the Dutch Healthcare Authority about the cost of healthcare)
  • Animals Act (for example a decision to impose an administrative penalty on the owner of an animal because the animal did not get the right medical care)
  • Fertilisers Act (for example a decision about phosphate rights)

The CBb is the first and only court that deals with these matters. This means that you cannot appeal against the CBb’s decision.

 

Central Appeals Tribunal (CRvB)

The Central Appeals Tribunal (CRvB) deals with appeal procedures about laws for victims of war and persecution and appeals by legal officers. The CRvB is the first and only court that deals with these matters. This means that you cannot appeal against the CRvB’s decision.

 

Council of State, Administrative Jurisdiction Division

For specific matters of spatial planning and the environment, you can start an appeal procedure with the Administrative Jurisdiction Division of the Council of State. This includes appeals about things like:

  • the Spatial Planning Act (plans for where to build things like residential areas and wind turbines)
  • the Transport Infrastructure (Planning Procedures) Act (for example decisions about new roads)
  • the Earth Removal Act (permits to remove earth, for example to extract minerals)
  • the Noise Abatement Act (higher noise levels because of things like road traffic and trains)

The Administrative Jurisdiction Division is the first and only court that deals with these matters. This means that you cannot appeal against the Division’s decision.

 

 You need to follow these steps to appeal a decision in administrative law:

>Alles uitklappen
  • When the administrative body dismisses your objection, you can submit a notice of appeal. The court, CBb, CRvB or Council of State must usually receive the notice of appeal within 6 weeks after your objection was dismissed. The date of the decision about your appeal will be in the letter from the administrative body.

    Submitting a notice online

    Choose the right form to submit your notice of appeal online:

    You need a DigiD to do this.
    Please note: the online forms are only for private individuals, not for businesses or organisations (non-natural persons and/or legal bodies/legal persons).

    Submitting a written notice

    You can write your own notice of appeal and submit it. Make sure you include:

    • your name and address
    • the decision you are appealing
    • why you do not agree with the administrative body’s decision
    • what you think the decision should be

    Write the date on your notice of appeal and sign it. Send the notice of appeal to the court, tribunal or council that will deal with your appeal.

    Documents you need to send

    When you send your notice of appeal, make sure you include the documents that are important to the court. You must send:

    • the decision about the notice of objection that you are appealing
    • any documents and photographs that support your point of view

    Informing the interested parties

    The court, CBb, CRvB or Council of State will tell the administrative body and any other people and organisations that are affected by the appeal that you have started an appeal procedure.

  • The administrative body is your opposing party (‘respondent’) in this case. The court, CBb, CRvB or Council of State will ask the administrative body to write a response and to send all the documents about the case.

  • The court, CBb, CRvB or Council of State will send you copies of the documents that the administrative body has submitted. You can also submit extra documents, for example a written response to what the administrative body has said. If any other people are affected by the appeal, they can also submit documents.

    You can submit documents until 10 days before the hearing. This gives the judge and other people who are affected by the appeal enough time to read the documents.

     

     

  • Appeals are usually dealt with at a hearing. Sometimes there will not be a hearing, if:

    • the judge thinks that the documents are so clear that there is no need for a hearing, and everyone who is affected by the appeal says that they do not want a hearing
    • the judge chooses to hear the appeal in a simplified procedure

    Simplified procedure

    The judge can decide to deal with the case without a hearing, for example because:

    • the administrative court clearly does not have the right competence
    • the documents are very clear (obviously either well-founded or not well-founded)
    • the notice of appeal was submitted too late (clearly inadmissible)

    Invitation or summons to the hearing

    Everyone who is affected by the appeal will be invited or summoned to the hearing. The invitation or summons will say when (date) and where (location) the hearing will be. The hearing often happens within 3 months after you submit your notice of appeal.

    Present at the hearing

    If you get a summons, you must go to the hearing. If you get an invitation, you do not have to go. If you go to the hearing, you will have the chance to explain your point of view. You can also answer the judge’s questions. The administrative body and other people who are affected by the appeal can do this too.

    Will the hearing be public?

    Most administrative hearings are open to the public. In some cases, the judge can decide that some or all of the hearing will be held behind closed doors. Tax cases are not open to the public, but the tax penalty procedure is usually public, even if it is part of a bigger tax case.

    Witness

    If you want to call a witness, you must do that at least 1 week before the hearing by writing to the judge.

    Interim decision

    The judge can make an interim decision if there is something wrong with the original decision, for example if the decision was not made as carefully as it should have been. The administrative body has a specific amount of time to solve the problem with the decision. The judge then decides whether the administrative body has followed the instructions in the interim decision, and he or she makes a decision.

    Mediation in addition to legal proceedings

    A legal procedure focuses on the legal aspects of a conflict. In mediation, you work with the other people who are involved in the conflict to find a solution to all aspects of the conflict. The judge will check to see if mediation is a good idea in your case. You can also say that you want mediation. >More information about mediation in addition to legal proceedings

  • The judge will make a decision within 6 weeks after the hearing. If the judge needs more time, he or she will tell you this. The court will send the decision to you. If you have a lawyer or a tax adviser, the court will send the decision to them. The judge can make various different decisions:

    Well-founded

    The judge agrees with you and says that the appeal is well-founded. The judge can:

    • tell the administrative body to look at the objection again and to make a new decision, taking the judge’s decision into account
    • decide that the legal effects of the original decision still apply
    • make a new decision

    If the legal effects of the decision still apply

    Sometimes, when the judge dismisses the administrative body’s decision, he or she can decide that the legal effects of the original decision still apply. The judge will explain his or her reasons in the decision. In practice, this means that the decision is still in place and that the administrative body does not have to make a new decision.

    Compensation

    Sometimes the effects of an administrative body’s decision can cause you serious problems. In specific cases, you can go to the administrative court or the civil court to ask the government for compensation. You can do this if the decision was:

    • lawful; then you can get nadeelcompensatie (‘compensation for loss resulting from administrative acts’)
    • unlawful; then you can get compensation

    >More information about government compensation (in Dutch)

    Unfounded

    The judge does not agree with you. The administrative body’s decision stays in place.

    If you do not agree

    Judge’s decision

    If you do not agree with the administrative court judge’s decision, you can appeal against that decision. Which administrative court, tribunal or council will deal with your appeal, depends on the kind of case.

    Outcome of a new decision

    The judge can tell the administrative body to look at the objection again and to make a decision that takes the judge’s decision into account. If you do not agree with this new decision, you can start another appeal procedure.

    Decision after a simplified procedure
    If you do not agree with the judge’s decision after he or she deals with your case in a simplified procedure, you can oppose this decision. You must do this within 6 weeks. If the court approves your notice of opposition, your appeal will be dealt with at a hearing.
  • If you do not agree with the administrative court judge’s decision, you can appeal against that decision. Which administrative court, tribunal or council will deal with your appeal, depends on the kind of case.

    Tax law

    There are 4 courts of appeal that deal with appeals about tax matters.

    Social security

    The Central Appeals Tribunal (CRvB) deals with appeals about study grants and social security law.

    Economic administrative law and disciplinary proceedings

    The Court of Rotterdam deals with cases that involve the Competitive Trading Act, Postal Act, Commodities Act, Telecommunications Act and financial regulations. The Trade and Industry Appeals Tribunal (CBb) deals with appeals in these cases. The CBb also deals with disciplinary proceedings for auditors and appeals about the Fertilisers Act.

    Other cases, including immigration law

    The Administrative Jurisdiction Division of the Council of State deals with appeals in other cases, including immigration cases.

Cost of appeal procedure

You usually have to pay for an appeal procedure.

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