Dutch administrative law works with short, hard deadlines. A party that is late never reaches the merits: the objection or appeal is declared inadmissible, however strong the arguments.
Legal basis
Article 6:7 of the General Administrative Law Act sets the period for lodging a notice of objection or an appeal at six weeks. Article 6:8 provides that the period begins on the day after the decision was notified in the prescribed manner. Article 6:9 governs timeliness: a document sent by post is in time if it was posted before the period expired and received no later than a week afterwards. Article 6:11 offers the way out: inadmissibility for lateness does not follow where the person concerned cannot reasonably be said to have been in default. Article 6:10 covers the reverse case, an objection lodged too early.
How it works in practice
Excusable delay is not readily accepted. Illness, a missing or incorrect statement of the remedy on the decision, or notification to an address where the person demonstrably no longer lived can suffice; pressure of work, a holiday or an adviser who let it slip generally cannot. A party whose grounds are not yet ready lodges a holding objection within the period and asks for time to supplement it, which the authority must allow under Article 6:6.
Where it goes wrong
Three points recur. First, the wrong starting date, counting from the date on the decision rather than the date it was sent. Second, the absence of proof of posting, leaving timely submission unprovable. Third, responding at the counter or by telephone while the formal period runs on.
Related terms
Missing a deadline connects to the notice of objection, to appeal to the administrative court and to the penalty for a late decision.
Think you may be out of time? Our administrative law specialists assess whether the delay can be excused.
