Ultimum Remedium in Administrative Law for Delft
Ultimum remedium provides residents of Delft with a last resort to have an irrevocable judicial decision in administrative matters reviewed. This is only possible under strict conditions, such as newly discovered facts or gross procedural errors. The principle ensures stability in decisions of the District Court of The Hague, but protects Delft residents against injustice in exceptional cases.
Why Ultimum Remedium for Residents of Delft?
In Delft administrative cases, such as decisions by the Municipality of Delft on building permits or benefits, you often go through objection, appeal, and further appeal to reach a final ruling with res judicata effect. But what if new evidence emerges later that proves the decision was unjust? Then ultimum remedium acts as a safety net, without undermining legal certainty. This article explains the procedure, as a supplement to our overview of reviewing a ruling, with a focus on local relevance for Delft.
Legal Basis
The provision is set out in Article 8:119 of the General Administrative Law Act (Awb). An irrevocable ruling by the District Court of The Hague or an administrative body on appeal may be reviewed by the same court or the court to which it belongs. For the Administrative Jurisdiction Division of the Council of State, Article 8:120 Awb applies.
Review is only permitted in cases of:
- newly emerged facts or circumstances that could not reasonably have been known at the time of the ruling;
- abuse of rights;
- inconsistency with a treaty that entered into force later and by which the Netherlands is bound; or
- inconsistency with a law that entered into force later.
The application must be filed with the District Court of The Hague within three months of discovering the ground, unless an extension is granted.
Conditions for a Successful Application
Newly Emerged Facts in a Delft Context
Essentially, the new information must be decisive and could not reasonably have been known earlier, such as a late-emerging document from Municipality of Delft archives or a new witness statement.
Procedural Errors and Abuse of Rights
This includes fraud or forgery. The District Court of The Hague checks whether the error determined the ruling.
| Aspect | Regular Appeal | Ultimum Remedium (Art. 8:119 Awb) |
|---|---|---|
| Availability | Within deadlines (6 weeks) | Only for irrevocable rulings |
| Conditions | Breach of principles | New facts, abuse, etc. |
| Deadline | Fixed | 3 months after awareness |
| Effect | Preliminary suspension possible | No interim relief |
The Procedure in Steps for Delft
- File Application: In writing with the District Court of The Hague, including substantiation and evidence, specifically for Delft cases.
- Review: The judge assesses the conditions; a hearing is not always required.
- Decision: Review, annulment, or rejection. If granted, a new hearing follows.
- Costs: Court fee (€357 in 2023), with possible reimbursement of procedural costs if successful.
The process usually takes 6-12 months, depending on complexity at the District Court of The Hague.
Practical Examples from Delft
Example 1: You lose an appeal against a building permit refusal by the Municipality of Delft. A withheld confidential report later emerges; this qualifies as a new fact for ultimum remedium at the District Court of The Hague.
Example 2: A ruling on a benefit is based on falsified Municipality of Delft data. Proof of fraud leads to review.
Example 3: No: Information you yourself withheld does not count as new; it should have been disclosed earlier.
Rights and Obligations for Residents of Delft
- Right to Apply: Any interested party, including citizens and the Municipality of Delft.
- Burden of Proof: You must demonstrate the grounds.
- No Suspension: The ruling remains enforceable during the procedure.
- Legal Assistance: Not mandatory, but consult Juridisch Loket Delft for advice or subsidized help via the Council for Legal Aid.
Frequently Asked Questions
Can I apply for ultimum remedium with new lawyer arguments?
No, new legal interpretations are not 'newly emerged facts'. It concerns objective new circumstances.
What if the three months have passed?
The District Court of The Hague may extend if there is a plausible reason for the delay. File immediately with an explanation.
Does it invalidate the original ruling?
Only if granted; otherwise, it remains in force and the case is reopened.
Does it differ by court in the Delft region?
Rules are national (Awb), but Article 8:119 applies to the District Court of The Hague; Article 8:120 to the Council of State.
Tips for Residents of Delft
- Gather all evidence immediately and contact Juridisch Loket Delft for free initial advice.
- Consider professional help for complex Municipality of Delft cases.
- Act quickly to meet deadlines and check the District Court of The Hague website for forms.