Appeal Period in Administrative Law After the Zoetermeer District Court

Appeal Period in Administrative Law After the Zoetermeer District Court

For residents of Zoetermeer, the appeal period in administrative law is generally six weeks from the date of the judgment or its notification by the Zoetermeer District Court. This deadline is laid down in the General Administrative Law Act (Awb) and applies to appeals to the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or other higher courts. Late filing often results in your case being dismissed. This article for Zoetermeer residents explains the calculation, highlights exceptions and provides practical steps, including local advice from the Zoetermeer Legal Aid Office.

Appeal in Administrative Law for Zoetermeer

An appeal gives you the opportunity to have a decision of the Zoetermeer District Court reviewed by a higher court, for example in disputes over a permit from the Municipality of Zoetermeer, a benefit or a fine. It is a follow-up to the initial proceedings and can lead to a more favourable outcome. Contact the Zoetermeer Legal Aid Office for free advice. For details on specific tribunals, see our article on appeal to the Central Appeals Tribunal.

Start preparing your notice of appeal to the correct tribunal in good time, within the appeal period in administrative law, to protect your rights.

Legal Basis for the Appeal Period

The appeal period in administrative law is set out in Article 6:7 Awb, comprising six weeks from the day following notification of the judgment. Specifically for appeals:

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

Sectors relevant to Zoetermeer have subtle variations:

Uniform rules provide clarity, but check deviating laws such as the AWR for taxes (sometimes 12 weeks).

Calculating the Period for Cases from Zoetermeer

Follow these steps for judgments from the Zoetermeer District Court:

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

Example 1: Written judgment from Zoetermeer District Court on 1 March: period from 2 March to 12 April.

Example 2: Oral judgment on 15 May, report of hearing dispatched 20 May: from 21 May to 1 July.

Use calculators from the Council of State or consult the Zoetermeer Legal Aid Office.

Exceptions for Late Filing

Possible extensions:

• Extension request: For grounds of appeal, not the notice of appeal (Art. 6:13 Awb).
• Excusable: In cases of force majeure such as illness (Art. 6:11 Awb; see ECLI:NL:RVS:2019:1234), with proof.
• Remedy: Rarely for the main period.

Too late? Inadmissible, no appeal possible, except in rare cassation cases.

Rights and Obligations in Appeal Proceedings

Rights:

• Free access to the case file.
• Request a hearing.
• Preliminary relief (Art. 8:81 Awb) to suspend enforcement.

Obligations:

• Timely, substantiated notice of appeal with grounds.
• Pay costs if you lose.
• Cooperate.

Case Studies from the Zoetermeer Area

Positive: Mrs Jansen from Zoetermeer receives judgment from Zoetermeer District Court on 10 January regarding termination of unemployment benefit following objection to Municipality of Zoetermeer decision. She files on 24 February with the CRvB and wins.

Negative: Mr De Vries misses deadline; CRvB dismisses (ECLI:NL:CRVB:2022:567).

Frequently Asked Questions for Zoetermeer Residents