Ultimum remedium procedure in Delft

Ultimum remedium procedure in Delft

The ultimum remedium procedure gives residents of Delft a final opportunity to have an administrative decision by the Municipality of Delft or other authorities reviewed. This is only possible under strict conditions, when all other legal remedies have been exhausted and the decision has unjust consequences. It prevents new court cases and saves Delft residents time and money.

Why is the ultimum remedium procedure important for Delft?

In Delft's administrative law, legal certainty is paramount to ensure decisions remain predictable. Yet injustice must be rectified. This procedure, literally the 'last resort', protects citizens and businesses from excessive harm due to errors. For Delft residents, it is essential after the objection or appeal process at the District Court of The Hague.

It follows standard steps such as lodging an objection with the Municipality of Delft or an appeal. The authority can correct its own decision, which is efficient for local matters. This article builds on our overview of decision revision and focuses on the Delft context.

Legal basis

The procedure is set out in Article 8:113 of the Awb and provides three grounds for revision:

• New facts or changed circumstances (para. 1(a)): Information that only became known later, despite all efforts.
• Evident incorrectness (para. 1(b)): An obvious error that could have been avoided.
• Exceptional hardship (para. 1(c)): The decision causes disproportionate harm.

Key requirement: no ongoing appeals (ultimum remedium). Revision may lead to amendment or revocation, which is relevant for Delft permits or benefits.

Steps and requirements in Delft

Submit a request to the relevant authority, such as the Municipality of Delft. No fixed form is required, but act within a reasonable timeframe after discovery.

1. Submit request: Letter with arguments, evidence, and reference to the decision.
2. Assessment: The authority verifies conditions, consults parties involved, and decides.
3. Outcome: Decision within weeks to months. Appeal against the revision decision can be lodged at the District Court of The Hague.

Note possible court fees at the district court.

Overview of revision options

Delft practice examples

Example 1: New medical fact. The Municipality of Delft refuses a parking permit due to insufficient need. A subsequent report shows a worsening condition. Revision follows (Art. 8:113(a)).

Example 2: Clear error. A parking fine in Delft issued to the wrong license plate; CJIB revises upon request.

Example 3: Excessive impact. Welfare benefit suspension due to minor violation threatens eviction for Delft parent with children; authority adjusts.

Rights and obligations for Delft residents

Rights:

• Request to the Municipality of Delft or authority.
• Right to a hearing and access to the file.
• Appeal to the District Court of The Hague (Art. 8:1 Awb).

Obligations:

• Provide evidence.
• Act within a reasonable time (often 6 weeks to 1 year).
• Attend hearing.

Consult the Juridisch Loket Delft for free advice.

Frequently asked questions for Delft

Tips for Delft residents

• Gather evidence: Documents, witnesses, or reports related to Delft matters.
• Take action promptly: Be timely; the District Court of The Hague enforces strict deadlines.
• Seek help: Contact Juridisch Loket Delft for guidance.