Administrative Jurisdiction Division of the Council of State in Den Haag

The Administrative Jurisdiction Division of the Council of State, located in Den Haag, is the highest administrative court in the Netherlands. It hears appeals against decisions of lower courts, such as the District Court of Den Haag, concerning decisions by local authorities like the Municipality of Den Haag, provinces, or the central government. This is the ideal forum for residents of Den Haag and businesses who believe a government decision is unjustified.

What does the Administrative Jurisdiction Division do?

This Division forms part of the Council of State, the Netherlands' highest advisory and administrative body, headquartered in Den Haag. Since the 2000 reform, it has operated solely as a judicial body. It reviews whether administrative authorities, such as the Municipality of Den Haag, make decisions that comply with laws, principles of good administration, and proportionality.

On a daily basis, the Division deals with cases from various fields, ranging from construction and environmental issues to benefits and asylum matters. For residents of Den Haag, it represents a crucial next step following a ruling by the District Court of Den Haag on appeal to the Council of State.

Legal basis

The Administrative Jurisdiction Division operates under the General Administrative Law Act (Awb), particularly Section 8.6 on appeals to the Division. Key provisions include:

Article 8:1 Awb: Governs appeals to the Division.
Article 8:104 Awb: Assesses whether the administrative authority could reasonably have reached its decision.
Article 6:13 Awb: Deadlines for initiating an appeal.
Council of State Act (RvSW), Article 69 et seq.: Establishes its structure and duties.

If successful, the government may be ordered to reimburse costs via a costs order (Article 8:75 Awb).

The procedure before the Division in Den Haag

The process involves these steps:

Lodging an appeal: Within six weeks of the District Court of Den Haag's ruling (Article 6:13 Awb). Download the form from rechtspraak.nl.
Case review: The Division examines the file and summons parties to a hearing, often held digitally or in person in Den Haag.
Hearing: Parties present their positions; typically lasts 30 minutes.
Decision: Within 13 weeks of the hearing (Article 8:56 Awb), usually in writing. In urgent cases, an interim relief procedure is available (Article 8:81 Awb).
Exceptional appeal: To the Crown in rare cases (Article 8:113 Awb).

Key deadlines:

Action	Duration
Lodge appeal	6 weeks
Submit response	4 weeks after summons
Ruling	13 weeks after hearing

Rights and obligations

Rights

Right to be heard: Access to hearings and the case file (Article 8:42 Awb).
Cost reimbursement: Up to €1,068 (2024) if you win.
Legal assistance: Free via the Legal Aid Office in Den Haag or subsidized lawyer.

Obligations

Submit complete documents on time.
No misleading information; fines for violations.
Court fee: €176 (2024, Article 8:71 Awb).

Practical cases from the Den Haag region

Case 1: Building permit. A Den Haag resident is denied permission for an extension due to the municipal zoning plan. The District Court of Den Haag upholds the refusal, but the Division quashes it for lack of care (Article 3:2 Awb). Permit granted.

Case 2: Social benefits. The municipality terminates benefits. After court confirmation, the Division quashes it for inadequate reasoning (Article 3:46 Awb). Review ordered.

Case 3: Immigration. An asylum seeker loses at the District Court of Den Haag; the Division blocks deportation based on Dublin rules and fundamental rights.

These examples illustrate the Division's practical, balanced approach.

Frequently asked questions

Can I represent myself before the Division?

Yes, many individuals do so. For complex cases, consult a lawyer via legal aid or the Legal Aid Office in Den Haag.

Missed a deadline?

Request an extension or remedy (Article 6:9 Awb) with a valid excuse, such as illness.

Average duration?

6-12 months normally; urgent cases via interim relief judge in weeks.

Difference from Central Appeals Tribunal?

Division handles general administrative matters; CRvB deals with social security and civil servants. See sector overview.

Tips for residents of Den Haag

Gather evidence early.
Use the appeal form on rechtspraak.nl.
Consider mediation for faster resolution (Article 8:40 Awb).
Track your case on rechtspraak.nl using the ECLI.
Contact the Legal Aid Office in Den Haag for free advice on disputes with the Municipality of Den Haag.

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