An ex officio decision is a decision taken independently by the government, without you having requested it. Examples include a fine or an enforcement measure in Westland.
What does an ex officio decision entail?
An ex officio decision is taken by an administrative authority, such as the Municipality of Westland, on its own initiative. This means that no request from a citizen precedes it.
Examples of ex officio decisions
| Category | Examples |
|---|---|
| Enforcement | Imposition of penalty under coercive order, administrative coercion |
| Penalty measures | Administrative fine, revocation of a permit |
| Tax matters | Tax assessment, additional assessment |
| Amendments | Revision of a previous decision |
Procedure for ex officio decisions in Westland
Specific rules and safeguards apply to ex officio decisions:
- Right to be heard: For negative decisions, you often get the opportunity to give your opinion before the decision becomes final.
- Hearing right: You must be given the opportunity to be heard in the case of far-reaching decisions.
- Motivation: The decision must be clearly motivated by the administrative authority.
Intention to decide
In some cases, you first receive a prior announcement of the decision:
- You can respond to this by submitting a statement of objections.
- The response period is usually 2 to 4 weeks.
- Only thereafter is the final decision taken.
Submitting an objection in Westland
If you disagree with an ex officio decision, you can lodge an objection:
- This must be done within 6 weeks after the publication of the decision.
- Lodging an objection usually does not suspend the execution of the decision.
- In cases of urgency, you can apply for an interim measure via the District Court of The Hague.
Frequently asked questions about ex officio decisions
Must the Municipality of Westland inform me before imposing a fine?
In many cases, yes. You often receive an intention to which you can respond with your statement of objections before the fine becomes final.
Can I lodge an objection against an intention?
No, an intention is not a final decision. You can submit a statement of objections. An objection is only possible after the final decision.
Is a fine suspended if I lodge an objection?
No, an objection does not automatically suspend the decision. For suspension, you can apply for an interim measure from the court.
Additional questions
May the Municipality of Westland take a decision without hearing me?
In exceptional situations, such as in cases of urgency or if your position is already known, this may occur. Usually, however, you get the opportunity to respond, especially in the case of burdensome decisions.
How long does the process of an ex officio decision take?
This varies. After an intention, you often have 2-4 weeks to respond. The final decision may then take a few more weeks. Lodging an objection can be done within 6 weeks after the decision.
What if I disagree with an intention?
Submit a statement of objections within the specified period. Clearly explain why you disagree and substantiate it. The administrative authority must take this into account.
Can I prevent an ex officio decision?
Sometimes, by submitting a strong statement of objections in time or by entering into consultation with the Municipality of Westland. Proactive measures can also help.
What is the difference between a statement of objections and an objection?
A statement of objections is a response to an intention, while an objection is a formal step against a final decision. The time limits differ (2-4 weeks for statement of objections, 6 weeks for objection).
How do I apply for an interim measure?
This is done at the District Court of The Hague. The Juridisch Loket Westland can assist you with this.