Administrative body does not decide on time

Appeal court?
You can appeal to the court if:

• you have been waiting longer than the statutory deadline for the decision of an administrative body
• you have given written default to the administrative body
• you have not received a response after 2 weeks

The procedure falls under administrative law.

A governing body does not decide (on time), and then?
The government (the relevant administrative body) must decide on an application in good time. In general, the period within which a decision on a particular type of application must be taken is determined. Otherwise, that decision must be taken on the basis of Section 4:13 of the General Code of Law  within a reasonable period of time after receipt of the application.

Decision on objection
Time limits also apply to the administrative body for taking a decision on objection. In principle, a decision must be taken on the objection within six weeks, as provided for in Article 6:7 of the  General Code of Law. It often happens that administrative bodies do not comply with these deadlines. For example, because it is simply too busy at the administrative body, or because the administrative body is dependent on research / advice by third parties that takes (too) long. That delay can be very annoying. As a 'citizen' (private individual or company) you want to know where you stand, while, for example, when applying for a building permit, you have to wait to start construction.

Penalty payment for administrative bodies
That is why the General Code of Law provides for the penalty payment in the event of late decisions; a financial instrument to motivate administrative bodies to take a decision in time, at least as timely as possible. This is regulated in Section 4:17  of the General Code of Law and beyond. In short, this regulation boils down to the following: if the administrative body does not take the decision within the applicable period, the citizen can give notice of default to the administrative body. The governing body then has two weeks to take the decision.

Policy of the courts if an appeal has been lodged on the basis of art. 8:1 and 8:6, first paragraph, of the General Administrative Law Act as it reads after the entry into force of the Administrative Procedure Adjustment Act: If a court, pursuant to Article 8:55 d, second paragraph, of the General Code of Law,  attaches to the court's decision a penalty payment for failure to take a timely decision by an administrative body, it applies the following rules as policy:

• As a rule, the penalty payment is set at € 100,-- per day, with a maximum of € 15,000,--
• If there is such a small interest that the amount of the penalty payment of € 100,-- per day is disproportionate, the penalty payment is set at € 50,-- per day, with a maximum of € 7,500,--
• If a strong incentive is needed (either because of proven reluctance of the administrative body, or because of the great importance), the penalty payment is set at € 250,-- per day, with a maximum of € 37,500,--.

Since this is a policy, the above does not affect the fact that in specific cases there may be reason to deviate from this policy, for example in the case of a very large interest.

Delay damage in addition to penalty payment
Although these amounts can encourage an administrative body, this does not offer a solution in all cases. It happens that no decision is taken yet. In addition, this amount of not always covers the damage that the absence of a decision entails. To stay with the (simplified) example of a building permit: if the applicant for the building permit has undertaken to deliver the building to a third party within a certain period of time, he may be liable to that third party for the delay.

Under certain circumstances, the administrative body may be held liable for this delay. This also played a role in the case in which the Council of State ruled on 24 February 2016, which can be found here. In that judgment, the criterion previously formulated by the Supreme Court is reiterated:"the mere circumstance that an administrative body takes a decision exceeding the statutory decision-making period is insufficient for the opinion that, on the basis of Article 6:162 of the Dutch Civil Code, liability exists for damage that may result from that exceeding the time limit and that this liability requires additional circumstances that mean that the administrative body,  by taking a decision only after the expiry of the legal decision-making period, acts contrary to the care to be observed in society towards an interested party (...) ".

There should therefore be more to it than just taking the decision too late before there is a right to compensation. The judgment of the Supreme Court to which the Council of State refers (HR 22 October 2010, ECLI:NL:HR:2010:BM7040), provides some clarity as to which additional circumstances do mean that the administrative body is obliged to compensate for damage: the extent to which the decision-making period is exceeded, the cause or causes of that exceeding the deadline and the interests of the citizen that are known to the administrative body.

In short: if an administrative body does not take a decision on time, while a decision is required quickly, it is important to give the administrative body notice of default in order to obtain a decision. If the decision is still not made, or if the delay leads to damage, there may be a right to compensation.

Contact AGA Lawyers
The lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

Decision period municipality application for benefit
As a decision time for the municipality on an application for benefit, a reasonable period applies. A reasonable period of time can vary from a few weeks to a few months. In any case, the municipality must take a decision within eight weeks on an application for benefit or application for special assistance. Within these eight weeks, the municipality must take a decision or postponement and announce the new decision mine. If the decision-making period is postponed by the administrative body because, for example, more information is needed, the administrative body must inform the applicant of the benefit claim about this.

Decision-making notice of objection
A statutory time limit applies to a notice of objection. The decision-making period for an objection is usually six weeks and if an objection advisory committee is called in, the decision-making period is twelve weeks. The decision-making period can usually be postponed by a further six weeks. If crucial information is needed for the administrative body to take the decision, for example from abroad, then further postponement of the decision period is possible. For any postponement, the administrative body must inform the interested party in writing.

If the municipality or the UWV has taken a decision to reject or stop your benefit, this decision will remain valid during the objection procedure. Given the long legal decision-making period and the possibility of postponing the decision-making period for the municipality or the UWV, the decision of the administrative body (e.g. rejection of the application for assistance by the municipality) may have irreparable consequences for you (e.g. eviction on the basis of rent arrears). If such an urgent situation occurs during the objection procedure, you can ask the preliminary relief judge for an interim injunction during the objection procedure. The court will then take a temporary decision during the objection procedure, in anticipation of the decision on objection by the municipality or the UWV.  The provision of the administrative court usually applies until the moment when your objection has been decided by the administrative body.  If you have no  income due to rejection of the application for benefit or cessation of assistance by the municipality, you can ask the preliminary relief judge for a financial advance to live on during the objection procedure against the municipality. You must first have already requested an advance from the municipality or the UWV. In any case, you can do this after eight weeks after you have applied for the benefit or after you have objected to the termination of your benefit by the municipality or the UWV. In the interim injunction, the administrative court will take into account whether your objection to a decision by the municipality or the UWV has a chance in the objection procedure. If the administrative court is of the opinion that your objection has a chance, then in most cases your application will be granted provisional relief by the administrative court.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within administrative law. In the event of an administrative law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The administrative law lawyers of AGA Lawyers can do a lot for you, such as guiding you during the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

More information
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