A notice of objection is the reasoned request to the administrative body that took a decision to reconsider it. In Dutch administrative law, objection is a compulsory first step: only after the decision on objection is the route to the administrative court open.
Legal basis
Chapters 6 and 7 of the General Administrative Law Act govern the procedure. Article 6:7 sets the six-week period, which under Article 6:8 begins on the day after the decision is published. Article 6:5 sets out the requirements: name and address, date, identification of the contested decision and the grounds. Article 6:6 allows a defect to be cured within a period set by the body, which is what makes the pro forma objection possible. Article 7:2 requires a hearing, and Article 7:10 sets the decision period: six weeks, or twelve where an advisory committee has been appointed, extendable by six weeks and thereafter only with the objector’s consent.
How it works in practice
Where the deadline is close, you file a pro forma objection: a short document stating that you object and asking for time to supplement it. That time is almost always granted. Access to the file and the hearing follow. Unlike judicial review, the reconsideration is full: the body examines not only lawfulness but also policy, and takes into account the facts as they stand at the time of the new decision rather than those at the time of the original one.
Where it goes wrong
The deadline is strict. A late objection is admissible only where the delay is excusable, and that threshold is high. A second error is waiving the hearing, which is often the only moment at which the file is genuinely discussed. A third is failing to raise all relevant grounds: although administrative law leaves room to supplement grounds, it is not always possible to introduce an entirely new subject on appeal.
Related terms
The notice of objection follows an administrative decision and precedes the appeal to the administrative court. Where matters are urgent you also apply for interim relief.
Would you like to object without risking the deadline? Our administrative lawyers file the objection and conduct the hearing.
