Administrative Law Appeal Deadline for Delft Residents

Administrative Law Appeal Deadline for Delft Residents

For residents of Delft, the administrative law appeal deadline is generally six weeks from the date of the judgment or notification by the District Court of The Hague. This deadline, laid down in the General Administrative Law Act (Awb), is crucial for appeals to the Administrative Jurisdiction Division of the Council of State or other higher courts. If you miss this period, your appeal will be declared inadmissible, with fatal consequences for your case against, for example, a decision by the Municipality of Delft. This article for Delft residents explains how to calculate it, highlights exceptions, and offers practical steps, including support from the Legal Aid Desk Delft.

What does an administrative law appeal mean for Delft?

An administrative law appeal gives Delft residents the opportunity to have a District Court of The Hague judgment reviewed by a higher court, for instance in disputes over a building permit from the Municipality of Delft, a benefit, or a fine. It builds on the first-instance proceedings and can result in a more favorable ruling. Contact the Central Appeals Tribunal appeal for social security matters. File your notice of appeal promptly with the correct tribunal to stay within the administrative law appeal deadline.

Legal basis for the deadline in Delft

The administrative law appeal deadline is governed by Article 6:7 Awb: six weeks from the day following notification. Specifically for appeals:

• Article 6:12 Awb: Six weeks after the judgment date (written) or dispatch of the minutes (oral) by the District Court of The Hague.
• Article 6:9 Awb: The period starts the day after dispatch or notification.

In Delft, which falls under the jurisdiction of the District Court of The Hague, there are nuances by sector:

Uniform deadlines provide clarity, but check for deviations in laws such as the AWR (sometimes 12 weeks for taxes).

Calculating the deadline for Delft cases

Follow these steps:

1. Start date: Day after dispatch by the District Court of The Hague (Art. 6:9 Awb).
2. Add six weeks; weekends and public holidays count, unless the final day falls on one (Art. 6:8 Awb).
3. File before midnight at the registry or by post (postmark counts).

Example 1 (Delft): District Court of The Hague judgment on March 1 regarding a parking fine from the Municipality of Delft. Start: March 2; deadline: April 12.

Example 2: Oral judgment on May 15, minutes dispatched May 20. Start: May 21; ends July 1.

Use the Council of State calculators; consult the Legal Aid Desk Delft for assistance.

Exceptions and late filing

Possible extensions:

• Extension request: For grounds of appeal (Art. 6:13 Awb), not for the notice of appeal.
• Excusable: In cases of force majeure such as illness (Art. 6:11 Awb; see ECLI:NL:RVS:2019:1234). Proof required; rare.
• Remedy: No standard option for the notice of appeal.

Too late? Inadmissible; cassation before the Supreme Court is exceptional.

Rights and obligations in Delft

Rights:

• Free access to the case file at the District Court of The Hague.
• Request an oral hearing.
• Preliminary relief (Art. 8:81 Awb) to suspend enforcement.

Obligations:

• Timely, substantiated notice of appeal with grounds.
• Court costs if you lose.
• Cooperate; call the Legal Aid Desk Delft for guidance.

Real-life cases from Delft

Positive: Ms. Van Dijk from Delft challenges a refusal of a building permit by the Municipality of Delft. District Court of The Hague judgment January 10; appeal to the Council of State on February 24. Benefit granted.

Negative: Mr. Jansen misses deadline for benefit decision; CRvB dismisses (ECLI:NL:CRVB:2022:567).

FAQ for Delft residents