Urgent Procedure at The Hague District Court for Delft Residents

Urgent Procedure at The Hague District Court

The urgent procedure at the District Court of The Hague, also known as summary proceedings or preliminary relief, offers Delft residents a swift legal remedy to avert immediate risk of serious harm. In social security law, you file this request with the administrative judge when a decision by the UWV or the Municipality of Delft urgently needs to be suspended, such as the termination of a WW, WIA, or social assistance benefit.

When do Delft residents need an urgent procedure?

Delft residents often face pressing decisions in social security law, such as the termination of a social assistance benefit by the Municipality of Delft or a WW benefit by the UWV. A standard court case takes months, leaving you without income in a city with high rental prices. The urgent procedure provides help: the judge can order preliminary relief, such as suspending the decision or granting a temporary advance payment.

Essential is a pressing interest: there must be immediate and irreparable risk. Consider a benefit ending on July 1 with no savings. A typical case for Delft residents is an unemployed person whose WW benefit is suddenly cut off due to a UWV error, risking rent arrears in Delft.

Legal basis for Delft

This procedure is laid down in the General Administrative Law Act (Awb), articles 8:81 to 8:83 Awb. You apply for preliminary relief to the administrative judge if postponement in the main proceedings causes disproportionate harm and urgency is required.

• Postponement leads to disproportionate harm;
• Pressing interest present.

In Delft, this applies to social assistance under the Participation Act (article 46) and WIA. The District Court of The Hague, administrative law division, handles these cases. Thanks to the Act on Improving Labour Market Participation (2020), the process is even faster.

How to request an urgent procedure in Delft?

Use a petition and follow these steps at the District Court of The Hague:

1. File an objection: Against a UWV or Municipality of Delft decision within 6 weeks.
2. Prepare the petition: Explain the decision, the urgency, and your request (e.g., maintain the benefit). Attach evidence, such as bank statements.
3. Submit: Digitally via Rechtspraak.nl or by mail to the District Court of The Hague. Pay the court fee (€182 for individuals in 2024).
4. Hearing: Usually within 2-4 weeks; you and the UWV/Municipality of Delft are heard.
5. Judgment: Within one week after the hearing.

In Delft, you can get free advice from the Juridisch Loket Delft or engage a lawyer via subsidized legal aid.

Practical examples for Delft residents

Example 1: Ms. Jansen from Delft has received social assistance from the Municipality of Delft for years. The UWV terminates her benefit due to 'earning capacity'. She files an objection and requests urgency. The District Court of The Hague suspends it: the benefit continues until the hearing.

Example 2: Mr. De Vries from Delft, on WIA benefit, challenges a reassessment. The judge awards a 70% advance to secure income.

This effectively protects daily life in Delft.

Rights and obligations

Rights:

• Priority, expedited handling.
• Hearing and right of reply with UWV/Municipality of Delft.
• Refusal? Fees may be recoverable if you win the main case.

Obligations:

• Prove urgency.
• Pay court fee (remission possible).
• Preliminary relief may be adjusted later.

Comparison: urgent vs. regular procedure

Frequently asked questions for Delft

Tips for Delft residents

• Act quickly: Submit to the District Court of The Hague within days of the decision.
• Document everything: Letters, bank statements, certificates.
• Check legal aid: Free via the Council for Legal Aid.
• Try mediation: UWV or Municipality of Delft may offer solutions.
• More info: visit Juridisch Loket Delft or read about UWV objections and appeals.