Administrative Law Objection Period in Delft
The administrative law objection period gives Delft residents six weeks to file an objection against a decision by the Municipality of Delft or other government authorities. Under Article 6:7 Awb, this period starts the day after notification. File too late? You risk the objection being declared inadmissible. This article offers Delft residents practical guidance, local examples, and advice from Juridisch Loket Delft.
Legal Basis of the Objection Period
The General Administrative Law Act (Awb) has governed all procedures since 2009, including the administrative law objection period under Article 6:7 Awb:
"The period for filing an objection is six weeks, commencing on the day after the decision is notified."
Notification occurs by mail, in person, in the municipal gazette, or digitally. For Delft decisions, check the Municipality of Delft website. Article 6:9 Awb outlines the methods; Article 6:12 Awb allows limited remedies for exceeding the deadline.
How Does the Objection Period Start and Run in Delft?
The administrative law objection period begins based on the type of notification:
- By mail: Day after the postmark date.
- In person or for inspection: Day after receipt or placement at the Municipality of Delft.
- Public: Day after publication in the Delft municipal gazette.
- Digital: Day after the notification date via MijnOverheid.
It ends at midnight on the final day. Weekends and public holidays are included, unless the last day falls on a non-working day (Article 6:8 Awb), in which case it extends to the next working day.
Example: Parking Fine from Municipality of Delft
On October 1, you receive a parking fine from the Municipality of Delft dated October 1. The period runs from October 2 to November 12. Submit to the municipality, preferably by registered mail or digitally via their portal.
Exceptions and Deadline Extensions
Remedies or extensions are possible under specific conditions:
- Reasonable period (Article 6:11 Awb): For late notification, such as during travel, with proof.
- Extension request (Article 6:13 Awb): Up to six additional weeks; request before the deadline expires from the Municipality of Delft.
- Force majeure: Illness or disaster; courts apply strict standards.
Administrative courts rarely grant remedies; solid proof is required. Contact Juridisch Loket Delft for assistance.
What If You Miss the Deadline in Delft?
Miss the administrative law objection period? The authority, such as the Municipality of Delft, will declare it inadmissible. The decision stands; appeal to the District Court of The Hague is limited (Article 8:1 Awb).
Example: Delft Social Benefits
On March 15, the Municipality of Delft stops your benefits. Objection due by April 26. Late on May 1? Inadmissible, unless remedied promptly with proof via the legal aid office.
Rights and Obligations When Filing an Objection in Delft
Rights:
- Free to file, no costs involved.
- Preliminary relief from the District Court of The Hague (Article 8:81 Awb).
- Attend the hearing.
Obligations:
- File with the Delft authority.
- Provide your details and reasons.
- Attach supporting documents.
For advice: Juridisch Loket Delft.
Overview of Deadlines: Objection, Appeal, and Further Appeal
| Procedure | Deadline | Legal Basis | Authority (Delft) |
|---|---|---|---|
| Objection | 6 weeks | Art. 6:7 Awb | Municipality of Delft |
| Appeal | 6 weeks after objection decision | Art. 6:12 & 8:4 Awb | District Court of The Hague |
| Further Appeal | 6 weeks after judgment | Art. 6:12 & 16:4 Awb | Council of State |
More info: object to a Delft decision.
FAQs for Delft Residents
Objection period almost expired?
File immediately and supplement later (Article 6:15 Awb). Prove via registered mail or DigiD. Call Juridisch Loket Delft.
Objection before period starts?
No, only after notification (Article 6:3 Awb). Seek prior advice from Municipality of Delft.
Multiple decisions in one notice?
Separate deadlines from each notification date. Check with the legal aid office.