If you disagree with a judgment of the District Court of The Hague, you can lodge an appeal with the Administrative Jurisdiction Division of the Council of State. This is the highest authority for administrative law matters.
When can you lodge an appeal?
The Council of State handles appeals in the field of:
- Environmental law (such as permits and zoning plan amendments)
- Alien law issues
- Subsidy disputes
- Other administrative law matters
Deadline for filing an appeal
You have 6 weeks to lodge an appeal after the judgment of the district court.
Court fee costs in 2024
| Category | Costs |
|---|---|
| Individuals | € 284 |
| Companies/organisations | € 568 |
Steps in the appeal procedure
- Filing the notice of appeal
- Response of the administrative authority by means of a statement of defence
- Possibility of reply and rejoinder
- The hearing at the Council of State
- The final judgment
What does the Council of State assess?
The Council examines:
- Whether the district court has correctly interpreted the law
- Whether the facts have been correctly established by the district court
- The specific objections to the previous judgment
Frequently asked questions about appeals
May I submit new evidence during the appeal?
Yes, that is possible, but there are limitations. New facts or circumstances may be taken into account in the case.
What is the average duration of an appeal?
Usually, a procedure takes between 9 and 15 months, depending on the complexity of the case.
Is the decision of the Council of State binding?
Yes, the judgment is final. There is no possibility of further appeal, except in rare cases of revision.
Practical questions and answers
How do I start an appeal at the Council of State from Zoetermeer?
You must file a notice of appeal with the Administrative Jurisdiction Division, preferably digitally via the Council of State's portal. Pay the court fee and clearly state why you disagree with the judgment of the District Court of The Hague. Although a lawyer is not mandatory, assistance from a lawyer can be useful. Keep a close eye on the 6-week deadline.
What if I miss the 6-week deadline?
If you are too late, your appeal will usually be declared inadmissible. Only in exceptional circumstances, such as illness, can you file a request for reinstatement. Contact a lawyer as soon as possible, for example via the Juridisch Loket Zoetermeer, if you are at risk of missing the deadline.
Can the appeal judgment differ from that of the district court?
Yes, the Council of State can uphold, amend or quash the previous judgment. They assess both the legal and factual aspects of the case. A well-substantiated appeal with clear arguments increases your chance of success.
Is legal assistance necessary for an appeal?
No, it is not mandatory, but it is recommended for complex cases. The procedure is formal and legal knowledge can help strengthen your case. For simple cases, you can litigate yourself, possibly with advice from the Juridisch Loket Zoetermeer.
What costs are involved in an appeal?
You pay court fees: €284 for individuals and €568 for legal entities (rates 2024). In addition, costs for legal assistance or travel expenses to a hearing in The Hague may arise. If successful, you may sometimes receive reimbursement for procedural costs, but this is not guaranteed.
Can I request an interim measure during the appeal?
Yes, in urgent cases you can request an interim relief measure from the Council of State. This is a temporary solution, such as suspending a permit, until the case is fully heard. You must demonstrate urgency and that your case has prospects of success.
What if I do not accept the judgment of the Council of State?
The judgment is in principle final. Only in exceptional cases can you request a revision. Contact a lawyer for advice on your options.