Objection Period in Administrative Law in Westland
The objection period in administrative law gives residents of Westland and local businesses exactly six weeks to file an objection against a decision by the Municipality of Westland or other government authorities. This stems from Article 6:7 of the General Administrative Law Act (Awb), starting the day after notification. File too late? You risk inadmissibility and loss of rights. This article offers Westland-specific examples, tips, and guidance to act in time, with support from Het Juridisch Loket Westland.
Legal Basis of the Objection Period in Westland
The General Administrative Law Act (Awb), in force since 2009, governs all procedures, including the objection period in administrative law under Article 6:7 Awb:
"The period for filing an objection is six weeks, commencing on the day after the day on which the decision was notified."
Notification occurs by mail, in person, publicly in the Westland municipal gazette, or digitally. The period always starts after the notification date (Article 6:9 Awb). If exceeded, Article 6:12 Awb offers limited remedies, ideal for Westlanders seeking advice from Het Juridisch Loket Westland.
How Does the Objection Period Start and Run in Westland?
For Westland-specific decisions, such as those from the Municipality of Westland, the following applies:
- By mail: Day after the mailing date (postmark).
- In person or for inspection in 's-Gravenzande: Day after receipt.
- Public: Day after publication in the Westlands Weekblad or municipal gazette.
- Digital: Day after the notification date.
The deadline is 24:00 on the final day. Weekends and public holidays count, but if necessary, it extends to the next working day (Article 6:8 Awb).
Example: Parking Ticket from Municipality of Westland
On October 1, you receive a parking ticket from the Municipality of Westland dated October 1. The objection period runs from October 2 to November 12. Send it by registered mail to the municipality or digitally via their portal.
Exceptions and Extensions for Westlanders
Westlanders can sometimes extend or remedy the period:
- Reasonable period (Article 6:11 Awb): For late notification, such as during a horticultural holiday abroad.
- Extension request (Article 6:13 Awb): Up to six additional weeks, requested from the Municipality of Westland.
- Force majeure: Illness or storm damage in Westland? The court may allow remedy with proof.
Administrative courts are strict; contact Het Juridisch Loket Westland for support.
What If You Miss the Period in Westland?
Miss the objection period in administrative law? The Municipality of Westland will declare the objection inadmissible, and the decision stands. Only in exceptional cases can you appeal to the Rechtbank Westland (Article 8:1 Awb), subject to strict review.
Practical Example: Social Assistance Benefit Terminated
On March 15, the Municipality of Westland decides to terminate your social assistance. Objection due by April 26. Late on May 1? Request remedy with proof within two weeks, via Het Juridisch Loket Westland.
Rights and Obligations in Objection Proceedings in Westland
Rights:
- Free to file (no costs).
- Preliminary relief from Rechtbank Westland (Article 8:81 Awb).
- Attend a hearing in the region.
Obligations:
- File with the authority, such as the Municipality of Westland.
- Include details and reasons.
- Attach evidence.
Overview of Periods: Objection, Appeal, and Further Appeal
| Procedure | Period | Legal Basis | Authority |
|---|---|---|---|
| Objection | 6 weeks | Art. 6:7 Awb | Municipality of Westland etc. |
| Appeal | 6 weeks after objection | Art. 6:12 & 8:4 Awb | Rechtbank Westland |
| Further Appeal | 6 weeks after ruling | Art. 6:12 & 16:4 Awb | Council of State |
More info: filing an objection against a decision in Westland. Contact Het Juridisch Loket Westland for assistance.
Frequently Asked Questions for Westland
Objection period nearly expired?
File immediately and complete later (Article 6:15 Awb). Prove via registered mail or DigiD. Call Het Juridisch Loket Westland.
Objection before period starts?
No, only after notification (Article 6:3 Awb). Seek prior advice from Municipality of Westland.
Multiple decisions in one letter from Municipality of Westland?
Each has its own period from notification.