Ultimum Remedium Procedure in Westland
The ultimum remedium procedure offers residents of Westland a final opportunity to have an incorrect decision by an administrative authority, such as the Municipality of Westland, revised. This last resort in administrative law applies only under strict conditions: when all other legal remedies have been exhausted and the decision causes serious injustice. Residents from Naaldwijk, 's-Gravenzande, or Monster thus have a chance for correction without needing to go straight to the Westland District Court.
Why is the Ultimum Remedium Procedure Important for Westland?
Legal certainty is central to administrative law, ensuring that decisions by the Municipality of Westland remain predictable for growers, businesses, and individuals. But errors must be corrected. This procedure, literally 'the last remedy,' prevents unfair outcomes for Westland residents. It is essential when objection, appeal, or further appeal is no longer possible, giving the administrative authority a chance to rectify the issue itself – saving time and money. This article builds on our overview of decision revisions, with a focus on local applications.
Legal Basis
Article 8:113 of the General Administrative Law Act (Awb) governs the ultimum remedium procedure with three specific grounds:
- Newly discovered facts or circumstances (paragraph 1(a)): Information that emerges only after the decision and could not have been known earlier despite due care.
- Evident incorrectness (paragraph 1(b)): A clear error that could have been avoided with careful review.
- Disproportionately harsh consequences (paragraph 1(c)): The decision causes disproportionate hardship.
Key point: it applies only when no further appeal is possible (ultimum remedium). Revision may result in withdrawal, amendment, or replacement of the decision by the Municipality of Westland.
Conditions and Steps in Westland
A request succeeds only if all requirements are met. Address it to the relevant administrative authority, such as the Municipality of Westland. There is no fixed form, but it must be filed within a reasonable period after discovery.
- Submit the request: Send a motivated letter with evidence, referencing the decision and ground.
- Assessment: The authority checks the conditions, consults parties involved, and decides.
- Decision: Within a reasonable time (weeks to months). You can appeal the decision to the Westland District Court.
Court fees may apply in follow-up proceedings; consult the Westland Legal Aid Office for free advice.
Comparison of Revision Options
| Ground | Description | Example in Westland | Deadline |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, clear error, or hardship | New medical evidence for parking permit in 's-Gravenzande | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Income change for social assistance from Municipality of Westland | No fixed deadline |
| Art. 8:68 Awb (ex officio revision) | Apparent unlawfulness | Calculation error in local fine | Ex officio |
Practical Examples from Westland
Example 1: New Medical Fact. The Municipality of Westland denies a disabled parking permit due to insufficient need. After the decision, a new report shows a worsening condition – a new fact (Art. 8:113(a)). The permit is granted.
Example 2: Clear Error. A fine for an environmental violation at a grower in Monster is based on incorrect plot data. Evident incorrectness leads to swift revision.
Example 3: Disproportionate Hardship. A benefits suspension due to a minor administrative error threatens eviction for a single parent in Naaldwijk. Revision prevents this.
Rights and Obligations
Your Rights as a Westland Resident:
- Submit a request to the administrative authority, such as the Municipality of Westland.
- Right to a hearing and access to the file.
- Appeal to the Westland District Court against rejection (Art. 8:1 Awb).
Your Obligations:
- Provide evidence for the ground.
- File within a reasonable time (often 6 weeks to a year).
- Cooperate with the investigation.
The authority must provide a well-reasoned decision.
Frequently Asked Questions for Westland
Can I combine ultimum remedium with an appeal?
No, only when all legal remedies are exhausted. An ongoing appeal blocks revision.
How long does it take in Westland?
No statutory deadline; expect 4-12 weeks. For urgent cases (hardship), press the Municipality of Westland for acceleration.
What if it's rejected?
Appeal to the Westland District Court within 6 weeks, with additional evidence and reasoning.
Do I need help?
Not required, but helpful for complex cases. The Westland Legal Aid Office offers free support for request letters.
Tips for Westland Residents
- Gather strong evidence: Documents, witness statements, or local expert reports on greenhouses or housing.
- Act quickly: The Westland District Court strictly enforces deadlines.
- Seek advice: Contact the Westland Legal Aid Office for guidance.
- Document everything: Keep records of all correspondence with the municipality.