Expedited Administrative Law Procedure in Delft

Expedited Administrative Law Procedure in Delft

The expedited administrative law procedure offers residents of Delft a fast track to the administrative judge for a provisional remedy. This is crucial for urgent decisions by the Municipality of Delft, such as the suspension of benefits, to prevent irreparable harm during your objection or appeal. Regulated in the General Administrative Law Act (Awb), it provides immediate protection for Delft residents.

What is the expedited procedure in Delft used for?

In Delft, administrative law decisions often directly impact your life, especially in the field of social security. Examples include the withdrawal of social assistance by the Municipality of Delft, suspension of unemployment benefits (WW), or denial of allowances. Without action, this can lead to financial crisis or even eviction. The provisional remedy suspends this until the judge rules. This article builds on our overview of applying for provisional remedies and focuses on local situations.

Legal basis

The procedure is governed by Article 8:81 Awb: the judge may intervene in cases of immediate urgency, provided it does not conflict with overriding interests. For objections, Article 7:81 Awb applies. In Delft cases, the Participation Act (art. 57) and Work and Income (Capacity for Work) Act refer to the Awb.

The District Court of The Hague assesses whether:

• Immediate urgency exists: your situation in Delft must be pressing.
• The balancing of interests favors you: your disadvantage outweighs that of the Municipality of Delft.
• A prima facie review is feasible: a summary check of the merits.

When do Delft residents initiate an expedited procedure?

File a request after lodging an objection or appeal against a decision by the Municipality of Delft. Local examples:

• Social assistance suspended due to alleged fraud, leading to acute poverty in Delft.
• Unemployment benefits (WW) withdrawn, resulting in debts in the city.
• Municipality of Delft denies priority for a housing priority declaration, risking homelessness.

Tip for Delft: Request it before the decision on your objection or simultaneously with your appeal.

The procedure step by step in Delft

1. Step 1: Objection or appeal. First, lodge an objection with the Municipality of Delft (Awb art. 6:3).
2. Step 2: File the request. With the preliminary relief judge at the District Court of The Hague (Awb art. 8:81). Download the form from rechtspraak.nl and attach evidence of urgency, such as bills.
3. Step 3: Hearing. Usually within 4-8 weeks; the Municipality of Delft responds within 5 working days.
4. Step 4: Decision. Within 4 weeks after the hearing: suspension, amendment, or rejection. No court fee if you have legal aid.
5. Step 5: Enforcement. Immediately binding, unless suspended.

In Delft, this typically takes 1-3 months, compared to 6-12 months for regular appeals.

Local examples from Delft's social security

Example 1: Ms. Jansen from Delft loses her social assistance due to a cohabitation claim by the Municipality of Delft. She requests provisional relief; the judge suspends it due to lack of evidence and risk of homelessness (ECLI:NL:RBDHA:2022:5678, fictional but representative).

Example 2: Mr. Ahmed's WW benefits are terminated prematurely. He faces payment arrears; the District Court of The Hague restores the benefits provisionally (based on Council of State case law).

Rights and obligations for Delft residents

Rights:

• Free lawyer via legal aid (Legal Aid Board).
• Hearing, unless unnecessary.
• Possibility of appeal.
• Free advice at Delft Legal Advice Office.

Obligations:

• Substantiated request with evidence.
• Attend the hearing.
• Costs if you lose (limited).

Comparison: expedited vs. regular in Delft

Frequently asked questions for Delft