Expedited Procedure Westland District Court
The expedited procedure at the Westland District Court, also known as summary proceedings or provisional remedy, offers residents of Westland a swift legal solution to avert imminent risk of serious harm. In social security law, you file this request with the administrative judge if a decision by the UWV or the Municipality of Westland must be suspended immediately, for example, when a benefit is terminated in the horticulture sector.
When to opt for an expedited procedure in Westland?
In Westland, with its thriving greenhouse horticulture and many seasonal workers, you often face urgent UWV decisions such as the suspension of WW, WIA, or social assistance benefits. A standard procedure takes months, while without income you may not be able to pay rent in Naaldwijk or 's-Gravenzande. The expedited procedure provides relief: the judge can order a provisional remedy, such as suspending the decision or granting a temporary advance.
Essential is a pressing interest: there must be direct and irreparable risk. Consider a WW benefit ending on August 1 due to a UWV error, while you have no savings for living expenses in this greenhouse region.
Legal basis
This procedure is governed by the General Administrative Law Act (Awb), specifically Articles 8:81 to 8:83 Awb. You can request a provisional remedy from the administrative judge if:
- Delaying the main proceedings causes disproportionate harm;
- Urgency can be demonstrated.
In social security, this aligns with the Participation Act (Article 46) and the Work and Income According to Capacity Act (WIA). The Westland District Court handles this in its administrative law division. Thanks to the Act on Improving Labour Market Participation (2020), it proceeds even more efficiently.
How to initiate an expedited procedure at Westland District Court?
Use a petition and follow these steps:
- File an objection: Against UWV or Municipality of Westland decisions within 6 weeks.
- Prepare the petition: Explain the decision, emphasize the urgency, and state your request (e.g., maintain the benefit). Attach evidence, such as bank statements.
- Submit: To Westland District Court, digitally via Rechtspraak.nl or by mail. Pay the court fee (€182 for individuals in 2024).
- Hearing: Usually within 2-4 weeks; you and the UWV/Municipality of Westland are heard.
- Ruling: Within one week after the hearing.
Westland residents can obtain free advice from Westland Legal Aid Office or a lawyer/attorney. Low-income individuals qualify for subsidized legal aid via the Council for Legal Aid.
Practical examples from Westland
Example 1: Ms. De Boer from Monster receives social assistance after seasonal greenhouse work. The UWV suddenly stops her benefit due to 'earning potential'. She files an objection and requests expedited relief. Westland District Court suspends it: the benefit continues until the merits hearing.
Example 2: Mr. Van der Meer from Kwintsheul, disabled (WIA) after a greenhouse accident, challenges a reassessment. The judge awards a 70% advance, allowing him to pay his bills.
This illustrates protection of daily living expenses in Westland.
Rights and obligations
Rights:
- Priority handling for faster resolution.
- Hearing and rebuttal: UWV/Municipality of Westland responds.
- Rejection? Possible cost reimbursement if you win the main case.
Obligations:
- Prove urgency.
- Pay court fee (remission possible).
- Provisional remedy may be adjusted later.
Comparison: expedited vs. regular procedure
| Aspect | Expedited procedure | Regular procedure |
|---|---|---|
| Duration | 2-4 weeks | 6-12 months |
| Court fee | €182 | €91 (first instance) |
| Outcome | Provisional | Final decision |
| Urgency | Required | Not required |
Frequently asked questions
Can I request expedited relief without an objection in Westland?
No, usually file an objection first (Art. 8:81 Awb). Exception in pure emergencies; call Westland Legal Aid Office.
What if Westland District Court rejects it?
Proceed with the main case; rejection is not binding. Appeal possible.
Do I need a lawyer?
Not always, but advisable. Westland Legal Aid Office assists with preparation.
Back payments if I win?
Yes, with arrears and possibly interest, if main case won.
Tips for Westland residents
- Act quickly: Submit to Westland District Court within days of the decision.
- Document everything: Letters, bank statements, greenhouse contracts.
- Check legal aid: Via Council for Legal Aid or Westland Legal Aid Office.
- Try mediation: UWV or Municipality of Westland may offer settlements.
- Read more about Provisional remedy, UWV objection and Administrative appeal.