The government is obliged to make a decision on your application within a fixed period. If this does not happen, there are steps you can take. Discover which deadlines apply and how you can act in case of exceedance in Westland.
Statutory deadlines for decisions
According to the General Administrative Law Act (Awb), the following deadlines apply:
| Circumstance | Period |
|---|---|
| Regular application (no specific deadline) | 8 weeks after receipt |
| Specific statutory deadline | Deadline as determined in that law |
| Policy rule applicable | Deadline as set out in the rule |
Suspension of the decision period
The deadline may be temporarily suspended in the following cases:
- If your application is not complete (time to supplement)
- If you yourself request an extension
- If the administrative authority must obtain data from abroad
- If you agree to an extension
Extension of the decision deadline
The administrative authority may extend the decision period by a maximum of 8 weeks. You will be notified of this in writing before the expiry of the original deadline.
What to do in case of late decision: notice of default
If the government does not decide on time, you can submit a notice of default:
- Write a letter in which you put the administrative authority in default
- The authority then has 2 weeks to decide anyway
- If no decision is forthcoming, a penalty payment is imposed
- You can also go directly to appeal due to the absence of a decision
Penalty payment for late decision
After a notice of default and the expiry of 2 weeks, the following amounts apply:
- € 23 per day for the first 14 days
- € 35 per day for the following 14 days
- € 45 per day for all subsequent days
- Maximum amount: € 1,442
Frequently asked questions about decision deadlines
When does the decision deadline start?
The period starts the day after receipt of your complete application by the administrative authority.
Can I claim a penalty payment and go to appeal?
Yes, both options are possible. The penalty payment serves as an incentive for a decision, while an appeal can lead to a judgment by the court.
Does the penalty payment scheme apply to all decisions?
No, there are exceptions, such as for asylum procedures and certain other matters.
Contact and support in Westland
For legal assistance, you can contact Juridisch Loket Westland. For disputes, you can go to the District Court of The Hague, under which Westland falls.