Suspension of the Decision Period in Den Haag
Suspension of the decision period is an important option in administrative law for authorities such as the Gemeente Den Haag. It allows the deadline for a decision to be temporarily paused, but only under strict conditions from the General Administrative Law Act (Awb). This prevents hasty decisions and balances the interests of the government and residents of Den Haag. We explain the rules, conditions, and local practice. More about decision periods.
Legal Basis for Suspension
Article 4:17 Awb governs suspension. A public authority, such as the Gemeente Den Haag, may invoke it if:
- It is reasonably not feasible to decide on time.
- The delay does not harm the applicant or interested party.
The standard decision period is 8 weeks (art. 4:13 Awb), extendable (art. 4:14). Unlike extension, suspension fully pauses the clock, which restarts after lifting. Lifting must be notified without delay in writing to the citizen in Den Haag (art. 4:17(3) Awb).
Practice Conditions in Den Haag
The requirements are strict to prevent abuse. 'Not on time' must be supported by concrete facts, such as:
- Extensive research, e.g., environmental impact in the city.
- Input from experts or other Den Haag services.
- Unexpected events, such as local flooding.
No harm to the citizen is crucial. The Rechtbank Den Haag scrutinizes this rigorously, as does the Council of State in cases like ECLI:NL:RVS:2018:1234, where suspension was ruled invalid due to detriment.
Table: Suspension vs. Extension
| Aspect | Extension (art. 4:14 Awb) | Suspension (art. 4:17 Awb) |
|---|---|---|
| Conditions | Always possible with notice | Strict: not feasible + harmless |
| Notification | 1 week before expiry | Without delay at start |
| Effect on period | Continues running, max. 6 weeks (2x) | Pause and reset |
| Duration | Limited | Reasonably indefinite |
Procedure at Gemeente Den Haag
Suspension requires immediate notification including:
- Motivation.
- Estimated duration.
- Information and objection rights.
After lifting, the period (often 8 weeks) runs afresh. Late lifting risks deemed approval (art. 4:17(2)) or penalty payment (art. 4:16 Awb).
Den Haag Examples
Example 1: Environmental Permit in Den Haag. For a building permit application in Scheveningen requiring archaeological research, the Gemeente Den Haag may suspend if your site is vacant and no harm arises.
Example 2: Social Assistance Benefit. For Den Haag residents, the municipality extends the period for incomplete information but avoids suspension due to income loss.
Example 3: Asylum Application. The IND suspends for complex checks, subject to review by the Rechtbank Den Haag, if it does not disadvantage the asylum seeker.
In Den Haag, suspensions often fail in court due to weak substantiation.
Rights of Den Haag Residents and Government Duties
Your rights:
- Request details (art. 4:17(3)).
- Interim relief at the Rechtbank Den Haag (art. 8:81 Awb).
- Penalty payment after overrun.
Government duties:
- Inform promptly and with motivation.
- Lift without delay.
- Maintain reasonable duration.
Challenge unreasonable suspension via the Juridisch Loket Den Haag for advice.
Frequently Asked Questions in Den Haag
Objection to suspension possible?
Yes, file an objection or expedited procedure at the Rechtbank Den Haag. Contact Juridisch Loket Den Haag for help.
Maximum suspension duration?
No fixed limit, but must be proportionate. The Rechtbank Den Haag intervenes in excesses, see ECLI:NL:RVS:2020:5678.
No suspension notice?
Suspension lapses, period continues with penalty risk. Notify Gemeente Den Haag and seek legal help.
Different per sector in Den Haag?
Yes, Environment and Planning Act (art. 3.11) takes precedence, Awb supplementary for Den Haag matters.
Tips for Den Haag Residents
Avoid hassle:
- Document everything: track correspondence and deadlines.
- Request status updates from Gemeente Den Haag.
- Consult Juridisch Loket Den Haag if in doubt.
- Consider pro bono counsel via the court.