What is a decision and when can you lodge an objection?
A decision (besluit) is a written decision by an administrative authority with a legal effect, such as a permit, a fine or a benefit decision (Article 1:3 of the General Administrative Law Act (Awb)). Against most decisions you first lodge an objection (bezwaar) with the administrative authority that took the decision.
Municipalities are not the only administrative authorities (bestuursorganen). Ministers, water authorities, the UWV, the Immigration and Naturalisation Service (IND) and independent regulators also take decisions against which you can object. An administrative law lawyer first assesses whether there is a decision and who is competent.
Administrative law governs the relationship between citizens, businesses and the government, and binds administrative authorities to rules of due care and reasoning. Its basis is the General Administrative Law Act (Awb). Specific statutes also apply, such as the Environment and Planning Act (Omgevingswet), the Participation Act (Participatiewet) and the Alcohol Act (Alcoholwet). Only an interested party (belanghebbende) can lodge an objection: your interest must be directly affected by the decision (Article 1:2 of the Awb).
How long do you have to lodge an objection?
The objection period is six weeks (Article 6:7 of the Awb). The period starts on the day after the decision is announced (Article 6:8 of the Awb).
The administrative authority declares a notice of objection that arrives late inadmissible (niet-ontvankelijk), unless the late filing is excusable. The notice of objection must contain your name and address, the date, a description of the decision and the grounds of objection (Article 6:5 of the Awb). If you cannot set out the grounds in time, you can submit a pro forma notice of objection and add the grounds later. In the objection procedure you are in principle entitled to be heard (Article 7:2 of the Awb).
The administrative authority decides within six weeks after the end of the objection period, or within twelve weeks if an advisory committee has been set up (Article 7:10 of the Awb). That period can be extended by six weeks. If the decision is revoked because it was unlawful, you can ask for reimbursement of your lawyer's costs (Article 7:15 of the Awb).
How do appeal and further appeal before the administrative court work?
You can lodge an appeal (beroep) against the decision on objection with the district court within six weeks. After that, in most cases a further appeal (hoger beroep) lies within six weeks to one of the three highest administrative courts.
At the district court, the administrative court hears your case. You submit a notice of appeal and pay a court fee (griffierecht). The administrative authorities send in their case documents, and a hearing usually follows. In administrative law a lawyer is not mandatory, but the administrative court does apply time limits and procedural rules strictly. An administrative law lawyer ensures that your grounds of appeal are put forward completely and on time. In appeal proceedings we also seek an award of legal costs if the administrative court rules in your favour.
| Highest administrative court | Type of cases |
|---|---|
| Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State) | most cases, such as environmental and planning law, enforcement, Woo, Bibob and immigration law |
| Central Appeals Tribunal (Centrale Raad van Beroep, CRvB) | social security law, such as benefits from the UWV and the municipality, and civil service cases |
| Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb) | socio-economic administrative law, such as decisions of the ACM and certain agriculture and subsidy cases |
For some decisions you skip the objection procedure. If the extended procedure (Division 3.4 of the Awb) applies, you first submit a view (zienswijze). You then lodge an appeal directly. An appeal against an environmental plan (omgevingsplan) lies directly to the Administrative Jurisdiction Division.
When do you apply for a provisional measure?
Objection and appeal do not suspend the effect of a decision (Article 6:16 of the Awb). If you want to prevent a decision from already being implemented, you ask the preliminary relief judge for a provisional measure (voorlopige voorziening) (Article 8:81 of the Awb).
This urgent procedure is only possible if you have also lodged an objection or an appeal. You must also have an urgent interest, for example because a penalty is about to start accruing or your business must close. A hearing often follows within a few weeks.
How does an administrative law lawyer help with environmental and planning law and the Environment and Planning Act?
The Environment and Planning Act has applied since 1 January 2024. For building, renovating and other use of the physical living environment, you apply for an environmental permit (omgevingsvergunning). The municipality's environmental plan replaces the old zoning plans (bestemmingsplannen).
Since that date, existing zoning plans form part of the municipality's temporary environmental plan. The regular procedure applies to most environmental permits. The municipality then decides within eight weeks, with one possible extension of six weeks (Article 16.64 of the Environment and Planning Act). Under the extended procedure the decision period is six months. In environmental and planning law the interests of neighbours and local residents often play a role too, and they can object to a permit that has been granted. If your permit has been refused, we assess whether the refusal fits within the environmental plan and the rules on deviation.
Environmental and planning law is about more than building. Environment, monuments, nature and tree felling also fall under it. We advise both applicants for environmental permits and local residents who want to challenge a permit. In environmental and planning law, a view or objection is often the only opportunity to put forward your arguments in time.
What can you do against enforcement and administrative fines?
Through enforcement (handhaving) the government compels compliance with rules. The main instruments are the order subject to a penalty, the administrative enforcement order and the administrative fine.
- Order subject to a penalty (last onder dwangsom): you must end a violation within a set period, otherwise you forfeit a sum of money (Article 5:31d of the Awb).
- Administrative enforcement order (last onder bestuursdwang): the government remedies the violation itself, for example by removing a structure. It recovers the costs from you (Articles 5:21 and 5:25 of the Awb).
- Administrative fine (bestuurlijke boete): a penalty in the form of a sum of money, imposed by an administrative authority or regulator (Article 5:40 of the Awb).
Administrative authorities must in principle take enforcement action when they establish a violation. Even so, every enforcement decision must be proportionate. Your administrative law lawyer checks whether the violation has been established, whether the compliance period (begunstigingstermijn) is reasonable and whether there is a prospect of legalisation. A mayor can also close a dwelling or premises under Article 13b of the Opium Act (Opiumwet) if drugs are found there.
What if your permit is refused after a Bibob investigation?
Under the Bibob Act (Wet Bibob), an administrative authority can refuse or withdraw a permit. That is possible if there is a risk that the permit will be used to commit criminal offences. The administrative authority can ask the National Bibob Office (Landelijk Bureau Bibob) for advice on this.
This mainly arises with hospitality, operating and event permits and with subsidies. Before the refusal you are usually given the opportunity to submit your view. That stage is important: this is where you can rebut incorrect or outdated facts.
Which other administrative law procedures do we handle?
In addition to permits and enforcement, an administrative law lawyer assists you in administrative law procedures such as the following.
- Subsidies. A subsidy can be set at a lower amount or reclaimed if the conditions have not been met (Title 4.2 of the Awb). We assess whether the government has a proper legal basis for this.
- Woo requests. An administrative authority must decide on a request under the Open Government Act (Wet open overheid, Woo) within four weeks, with a possible extension of two weeks (Article 4.4 of the Open Government Act).
- Compensation for loss (nadeelcompensatie). If you suffer loss as a result of a lawful decision, you can ask for compensation for loss above the normal social risk (Article 4:126 of the Awb). Under the Environment and Planning Act this replaces the old planning loss scheme (planschade).
- Social security law. We conduct objections and appeals against decisions of the UWV and the municipality, for example concerning an unemployment (WW), incapacity (WIA) or social assistance benefit. A further appeal here goes to the Central Appeals Tribunal.
What can you do if the government does not decide in time?
If an administrative authority does not decide within the statutory time limit, you can give it written notice of default. After two weeks the administrative authority forfeits a penalty of up to €1,442 (Article 4:17 of the Awb). You can then also lodge an appeal with the district court (Article 6:12 of the Awb).
The penalty for failure to decide in time does not apply to all decisions, for example not to a Woo request. In that case the court can, on appeal, set a time limit and impose a penalty itself.
What does the proportionality test mean for your case?
A decision may not have consequences for you that are disproportionate to the purpose of the decision (Article 3:4(2) of the Awb). Since a ruling of the Administrative Jurisdiction Division of 2 February 2022, the administrative court has been reviewing this more intensively.
The court then considers whether a measure is suitable, necessary and balanced. That offers opportunities with severe measures, such as the closure of a business or the withdrawal of a permit. It is therefore important to put forward your personal circumstances specifically at the objection stage.
How does a matter with Law & More proceed?
A matter proceeds in four stages: intake, advice, consultation and, if necessary, proceedings before the administrative court. For each stage we discuss in advance what we will do and roughly what it will cost.
- Intake. In a free introductory meeting we discuss the decision and the time limits that are running. We assess your legal position and request the relevant documents.
- Advice. We advise you on your chances and risks, in Dutch or English. If necessary, we immediately submit a pro forma notice of objection to safeguard the time limit.
- Consultation. We conduct the consultation with the municipality, province or other government body. Sometimes a meeting or the hearing leads to a new decision without proceedings.
- Proceedings. If that does not work, we represent you on appeal before the district court, in provisional measure proceedings and on further appeal.
Where can you read more?
You can find the full text of the General Administrative Law Act on wetten.overheid.nl. You can check whether you qualify for legal aid with the Juridisch Loket (Legal Services Counter).
