Terug naar Encyclopedie

Objection and Appeal against Enforcement Decisions

Objection and appeal against enforcement decisions (chapters 6 and 8 Awb) review legality. The court examines de novo; interim relief possible in cases of urgency.

1 min leestijd

Objection Procedure against Enforcement

Objection may be lodged against enforcement decisions such as orders subject to penalty payments or fines in accordance with chapter 6 Awb. The time limit is six weeks after becoming aware. The administrative authority must handle the objection with a hearing requirement, unless not necessary.

In objection, the legal qualification, proportionality and procedural requirements are reviewed. The administrative authority may amend or withdraw the decision.

Appeal Procedure

After objection, appeal lies with the administrative court (art. 8:1 Awb). The court reviews the legality de novo, including factual assessment. Interim relief (art. 8:81 Awb) suspends execution in cases of urgent interest.

For fines, the moderation power applies (art. 5:43 Awb). Successful appeals often lead to annulment due to careless qualification or disproportionate measures. Recent cases emphasize the duty to state reasons.