Appeal Period in Administrative Law for Westlanders

Appeal Period in Administrative Law for Westlanders

For residents of Westland, the appeal period in administrative law is usually six weeks after the date of the judgment or notification by the Westland District Court. This deadline is laid down in the General Administrative Law Act (Awb) and applies to appeals to the Administrative Jurisdiction Division of the Council of State or other higher courts. Filing late often means your case will not be considered. This article helps Westlanders calculate the period, identify exceptions, and follow the steps, particularly for local issues such as permits from the Municipality of Westland.

Appeal in Administrative Law for Westland

An appeal allows a decision by the Westland District Court to be reviewed by a higher court. In Westland, this often involves disputes over benefits, greenhouse building permits, or fines from the Municipality of Westland. If in doubt, contact Het Juridisch Loket Westland for free advice. The procedure starts with a notice of appeal filed within the strict appeal period in administrative law.

Legal Rules on the Period

The period is set out in Article 6:7 Awb: six weeks from the day after notification. Specifically for appeals:

• Article 6:12 Awb: Six weeks after the date of the written judgment or dispatch of the minutes (oral).
• Article 6:9 Awb: Starts the following day.

The same rules apply in Westland sectors such as spatial planning (horticulture), with minor variations per court:

Special statutes such as the AWR may provide different periods, e.g., 12 weeks for taxes.

Calculating the Period for Westland Cases

Follow these steps:

1. Start date: Day after dispatch by the Westland District Court (Art. 6:9 Awb).
2. Count six weeks; public holidays count, except if the final day falls on one (Art. 6:8 Awb).
3. File before midnight at the registry or postmark date.

Example 1: Westland District Court judgment on March 1 regarding a Westland permit: period from March 2 to April 12.

Example 2: Oral judgment on May 15, minutes dispatched May 20: from May 21 to July 1.

Use tools from the Council of State; consult Het Juridisch Loket Westland if unsure.

Exceptions if You Risk Being Late

Possible options:

• Extension for grounds of appeal: On request (Art. 6:13 Awb), not for the notice of appeal.
• Excusable delay: In cases of force majeure such as illness (Art. 6:11 Awb), rare and requires proof.
• Remedy: No standard remedy for the main period.

Late? Inadmissible, cassation rarely possible.

Rights and Obligations in Appeal

Rights:

• Inspect the case file at the Westland District Court.
• Request a hearing.
• Interim relief (Art. 8:81 Awb).

Obligations:

• Timely, substantiated notice of appeal with grounds.
• Pay court costs if you lose.
• Cooperate; seek help from Het Juridisch Loket Westland.

Westland Practice Examples

Positive: Greenhouse grower Jansen from 's-Gravenzande receives Westland District Court judgment on January 10 against his greenhouse permit. Appeal to the Council of State within six weeks: permit revised.

Negative: Mr. De Boer from Naaldwijk misses deadline for benefits decision: CRvB dismisses.

Frequently Asked Questions for Westland