If your Woo request in Westland is (partially) rejected, you can lodge an objection. This must be done within 6 weeks.
When can you lodge an objection?
An objection is possible in the following situations:
- Your request is fully rejected
- You receive only part of the requested information
- Too much information has been redacted in the documents
- The decision is late (exceedance of the decision period)
Reasons for objection
In your objection letter, you can argue among other things:
- The refusal ground used is not correct
- The interest of transparency outweighs the refusal ground
- Too much information has been unnecessarily made illegible
- Not all relevant documents have been provided
Steps in the objection procedure
- Lodging the objection within the 6-week period
- Requesting access to the available documents (not the refused ones)
- Participation in a hearing (if applicable)
- Receipt of the decision on your objection
Challenge: unknown documents
A complication in Woo objections is that you cannot inspect the refused documents. This makes it difficult to make a targeted objection. In an appeal procedure, however, the court can take confidential cognizance of the documents.
Appeal to the court
If the decision on your objection is not satisfactory, you can appeal to the District Court of The Hague. The judge has the possibility to confidentially assess the refused information and determine whether the rejection was justified.
Frequently asked questions about Woo objections in Westland
Can I inspect the refused documents during the objection procedure?
No, this is not possible. You must make the objection without knowledge of the content, which complicates the process.
How do I know if the rejection is correct?
You can base yourself on the explanation in the decision. During an appeal procedure, the judge can assess the documents.
What is the duration of an objection procedure?
A decision on objection must be made within 6 to 12 weeks. After that, you can possibly institute an appeal.
Practical questions and answers
How do I lodge an objection against a Woo decision in Westland?
You submit an objection letter to the administrative authority that made the decision. This must be done within 6 weeks after the date of the decision. Clearly state why you disagree with the rejection and mention specific reasons. Send the objection letter by post or digitally, depending on the authority's procedure, and keep a copy and proof of dispatch.
What happens during a hearing?
During the hearing, you can orally explain your position. The administrative authority provides explanation about the decision. You can ask questions and introduce additional arguments. Prepare well, for example by writing down your points. The hearing is generally public, unless sensitive information is discussed.
Can I get support for an objection?
Yes, you can ask a lawyer for help or contact the Juridisch Loket Westland for advice. Some agencies offer free or affordable help. Ensure you take action within the 6-week period, even if you seek help.
What if no timely decision is made on my objection?
If the administrative authority does not respond within 6 weeks (or maximum 12 weeks), you can claim a penalty payment or directly institute appeal at the court (District Court of The Hague). First send a notice of default with an additional period of, for example, 2 weeks.
How does confidential access by the judge work?
During an appeal procedure, the judge can inspect the refused documents without you or your lawyer seeing them. The judge assesses whether the rejection is correct according to the Woo and bases the judgment thereon, without revealing confidential details.
What does an objection or appeal procedure cost?
Lodging an objection is often free of charge. For appeal at the District Court of The Hague, you pay court fees, between €50 and €500, depending on your situation. If the ruling is in your favour, you may get this amount back. Legal assistance incurs additional costs, unless covered by insurance.
Can I submit a new Woo request after rejection of objection?
Yes, a new request is possible, but ensure strong substantiation. Without new arguments or changed circumstances, the chance of success is small.