If you disagree with a judgment of the district court, you can lodge an appeal with the Administrative Jurisdiction Division of the Council of State. This is the highest authority for many administrative law cases.
When can you go to the Council of State?
The Administrative Jurisdiction Division hears appeals concerning:
- Environmental law (such as permits and zoning plans)
- Alien law issues
- Subsidy disputes
- General administrative law matters
Deadline for lodging an appeal
You have 6 weeks to institute an appeal after the judgment of the district court, such as the District Court of The Hague.
Court fee for appeal
| Category | Amount 2024 |
|---|---|
| Individuals | € 284 |
| Legal entities | € 568 |
Steps in the appeal procedure
- Lodging the notice of appeal
- Defence by the administrative authority
- Possibly additional written rounds (rejoinder and surrejoinder)
- The hearing at the Council of State
- Final judgment
What does the Council of State assess?
The Council of State examines:
- Whether the district court has correctly interpreted the law
- Whether the facts have been correctly established by the district court
- The specific objections to the previous judgment
Frequently asked questions about appeals
May I submit new evidence during the appeal?
Yes, that is possible, but there are restrictions. New facts or circumstances may sometimes be taken into account.
What is the average duration of an appeal?
Usually, a procedure takes 9 to 15 months, depending on the complexity of the case.
Is the decision of the Council of State binding?
Yes, the judgment is final. Revision is only possible in very exceptional cases.
Practical questions about the procedure
How do I start an appeal at the Council of State?
You must file a notice of appeal with the Administrative Jurisdiction Division, preferably digitally via their online portal. Pay the court fee and clearly state why you disagree with the judgment of the District Court of The Hague. A lawyer is not mandatory, but can be useful. Keep an eye on the 6-week deadline.
What if I miss the 6-week deadline?
If you are too late, your appeal will usually be declared inadmissible. Only in exceptional circumstances, such as illness, can you file a request for reinstatement. Contact a lawyer or Juridisch Loket Westland quickly for help.
Can the outcome of the appeal be different?
Yes, the Council of State can amend, uphold or quash the judgment of the district court. Thorough preparation and clear arguments are essential.
Is a lawyer necessary?
No, but in complex cases, legal assistance is recommended. Juridisch Loket Westland can advise you on the procedure.
What does an appeal cost?
In addition to the court fee (€284 for individuals, €568 for legal entities in 2024), there may be costs for legal assistance. Cost reimbursement is possible if successful, but not guaranteed.
Can I request an interim measure?
Yes, in urgent cases you can request an interim relief measure, for example to temporarily suspend a decision. This must be requested separately from the Council of State.
What if I dispute the judgment of the Council of State?
The judgment is in principle final. Only in exceptional cases can you request revision.