Ultimum Remedium Procedure in Zoetermeer
The ultimum remedium procedure provides residents of Zoetermeer with a last resort in administrative law. Here, an administrative authority, such as the Municipality of Zoetermeer, can revise its own decision if no other options remain available and the decision leads to unjust consequences. This enables citizens to secure a correction without initiating new court proceedings.
Why this procedure for Zoetermeer?
Legal certainty is at the heart of administrative law, ensuring decisions remain predictable for Zoetermeer's residents and businesses. Yet injustice must be prevented. The ultimum remedium procedure, or 'last resort', strikes the right balance. It is essential when standard remedies like objection or appeal to the Zoetermeer District Court have been exhausted, allowing the municipality to rectify matters itself. This saves time and costs. This article expands on our overview of revision of a decision, focusing on local applications.
Legal Basis
The procedure is governed by Article 8:113 of the General Administrative Law Act (Awb) and provides three specific grounds for revision:
- New facts or changed circumstances (paragraph 1(a)): Information that only became known after the decision and could not have been discovered earlier despite due care.
- Manifest inaccuracy (paragraph 1(b)): An obvious error that could have been prevented through careful review.
- Disproportionate hardship (paragraph 1(c)): The decision causes unreasonably severe harm.
A key requirement is that no appeal or further appeal is possible anymore (ultimum remedium). Revision may lead to withdrawal, amendment, or replacement of the decision.
Conditions and Steps in Zoetermeer
A request must meet strict requirements and is submitted to the relevant administrative authority, such as the Municipality of Zoetermeer. No specific format is required, but act within a reasonable period after discovery.
- Submit Request: Send a substantiated letter with supporting evidence to the municipality. Identify the decision and the ground for revision.
- Assessment: The authority verifies the conditions, consults the parties involved, and issues a decision.
- Decision: Expect a ruling within weeks to months. The decision can be appealed to the Zoetermeer District Court.
Note: Later stages may involve court fees.
Comparison of Revision Options
| Ground | Description | Example in Zoetermeer | Time Limit |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, error or hardship | New report on health issue after parking permit refusal | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Income change for social assistance benefit from Municipality of Zoetermeer | No fixed term |
| Art. 8:68 Awb (ex officio) | Apparent illegality | Obvious error in fine from local enforcement | Ex officio |
Practical Examples from Zoetermeer
Example 1: New Medical Fact. The Municipality of Zoetermeer refuses a parking permit citing 'no medical necessity'. A subsequent report reveals a worsening condition. This qualifies as a new fact (art. 8:113(a)); the permit is granted.
Example 2: Obvious Error. A speeding fine relies on the wrong license plate from local enforcement. Revision follows promptly.
Example 3: Disproportionate Consequences. A benefit suspension for a minor violation triggers a housing crisis for a single parent. The municipality revises to avert this.
Rights and Obligations
Your Rights in Zoetermeer:
- Submit request to the Municipality of Zoetermeer.
- Right to be heard and access the case file.
- Appeal to the Zoetermeer District Court (art. 8:1 Awb).
Your Obligations:
- Provide evidence.
- Act within a reasonable time (typically 6 weeks to a year).
- Cooperate in any hearing.
The authority must provide a well-reasoned decision.
Frequently Asked Questions
Can I combine ultimum remedium with an appeal?
No, only if all legal remedies are exhausted. An ongoing procedure blocks revision.
How long does it take in Zoetermeer?
No fixed term; expect 4-12 weeks. Urge action if urgent; consult the Zoetermeer Legal Aid Office.
What if rejected?
Appeal to the Zoetermeer District Court within 6 weeks, with additional evidence.
Do I need a lawyer?
Not always, but helpful for complex cases. Start with the Zoetermeer Legal Aid Office for free advice.
Tips for Zoetermeer Residents
- Gather Strong Evidence: Documents, witness statements, or local expert reports.
- Act Quickly: The reasonable period is strictly enforced by the Zoetermeer District Court.
- Seek Help: Contact the Zoetermeer Legal Aid Office for guidance on your request to the municipality.