A decision taken may be withdrawn or amended under certain conditions. The possibilities for this depend on the type of decision and the specific situation.
Withdrawal of Positive Decisions
A positive decision, such as a permit or subsidy, may be withdrawn under the following circumstances:
- The recipient does not meet the imposed requirements
- Incorrect or misleading information has been provided
- The law or regulations have been amended
- The situation has significantly changed
Limitations on Withdrawal
An administrative authority may not withdraw a decision without reason. Several important principles apply:
| Principle | Explanation |
|---|---|
| Legal certainty | Citizens may rely on a decision taken |
| Legitimate expectation principle | Promises or engendered legitimate expectations must be honoured |
| Proportionality | The withdrawal must be proportionate to the violation |
Retrospective Effect of Withdrawal
Withdrawal with retrospective effect is only possible in specific cases:
- In cases of fraud or provision of incorrect information
- If there is a statutory basis for retrospective effect
Amendment of Decisions
A decision may be amended in the following situations:
- At the request of the party concerned
- On the initiative of the administrative authority itself
- In case of changed circumstances
Lodging an Objection Against Withdrawal
A withdrawal decision is also a formal decision. You may lodge an objection against it with the relevant authority within 6 weeks.
Frequently Asked Questions about Withdrawal in Westland
Can my permit be withdrawn without reason?
No, there must be a valid reason and the administrative authority must carefully weigh all interests. Moreover, you are usually heard first before a withdrawal takes place.
Am I required to repay a subsidy upon withdrawal?
This depends on the situation. In cases of fraud, repayment is often mandatory, but for other reasons such as changed circumstances, not always.
Can I request an amendment of a decision?
Yes, you can submit a request for amendment of a decision. This is treated as a new application on which the administrative authority must decide.