Pro forma appeal
As a resident of Den Haag, a pro forma appeal is a quick way in administrative law to preserve the statutory deadline. You submit a brief notice of appeal with basic details such as your name, the decision by the municipality or another administrative body, and the date you became aware of it. This buys you extra time for research or advice from the Juridisch Loket Den Haag before filing your full arguments.
Why file a pro forma appeal in Den Haag?
In general administrative law, you generally have six weeks from the publication of an administrative decision, such as one from the Gemeente Den Haag, to appeal to the Rechtbank Den Haag. Miss the deadline while developing your grounds? A pro forma appeal prevents dismissal as inadmissible. The court registry at Rechtbank Den Haag will then give you four weeks to supplement it.
This tool is ideal for residents of Den Haag awaiting further information, such as a second opinion or help from the Juridisch Loket Den Haag. Without it, you risk missing out on substantive review.
Legal basis for the pro forma appeal
The General Administrative Law Act (Awb) provides the foundation for a pro forma appeal in Den Haag. Key provisions:
- Article 6:12 Awb: Notice of appeal must contain grounds, but a minimal version may be supplemented by the court.
- Article 8:5 Awb: Timely filing is essential; pro forma appeal safeguards this at Rechtbank Den Haag.
- Article 8:23 Awb: Registry sets a four-week period for supplementation.
Just as in the objection phase (art. 6:9 Awb), this applies in the appeal phase based on case law from the Administrative Jurisdiction Division of the Council of State and Rechtbank Den Haag, ensuring optimal legal protection.
How to draft a pro forma notice of appeal for Den Haag?
Keep it short and simple. Steps for residents of Den Haag:
- Write a letter with your name and address, the contested decision (attach a copy), notification date, and 'I hereby file a pro forma appeal'.
- Grounds to follow later; focus on identification.
- File within six weeks at Rechtbank Den Haag, Prins Clauslaan 60, 2595 BJ Den Haag.
- Send by registered mail or digitally via the Rechtspraak berichtenbox for proof.
Example pro forma notice of appeal for Den Haag:
[Your name and address in Den Haag]
[Date]
Rechtbank Den Haag
Prins Clauslaan 60
2595 BJ Den Haag
Subject: Pro forma appeal against decision dated [date]
Dear registry,
Herewith, I file a pro forma appeal against the decision by [Gemeente Den Haag or other body] dated [date], of which I became aware on [date].
Grounds to follow shortly.
Kind regards,
[Your name]
Differences between pro forma and full appeal
| Aspect | Pro forma appeal | Full appeal |
|---|---|---|
| Content | Basic info + intent | Detailed grounds and evidence |
| Deadline | Preserved | Timely and complete |
| Supplementation | 4 weeks upon request | Not required |
| Risk | Inadmissible if missed | Substantive review immediately |
Practical examples for Den Haag
Example 1: Termination of benefits. On January 1, the Gemeente Den Haag decides to stop your benefits effective February 1. Appeal deadline is February 14. You file pro forma on February 10 at Rechtbank Den Haag while awaiting financial documents. Registry sets March 10 as supplementation deadline.
Example 2: Environmental permit refused. The municipality refuses your permit for renovations in Den Haag on March 15. File pro forma at Rechtbank Den Haag, later supplemented with reports from local experts.
This strengthens your case in Den Haag administrative matters.
Rights and obligations in pro forma appeals in Den Haag
- Rights: Deadline preservation, right to supplement (art. 8:23 Awb), no court fee upfront – seek advice from Juridisch Loket Den Haag.
- Obligations: Supplement within deadline, notify the administrative body.
Miss the supplementation deadline? The appeal is declared inadmissible, possibly with costs awarded against you.
Frequently asked questions
Can I file digitally at Rechtbank Den Haag?
Yes, via the Rechtspraak berichtenbox or eLoket. Keep proof.
What if I miss the supplementation?
Rechtbank Den Haag declares it inadmissible (art. 8:5 Awb); remedies are rare.
Does it differ by court in Den Haag?
No, uniform under the Awb for Rechtbank Den Haag and higher courts.
Do I pay court fees for pro forma?
No, usually only upon full filing; check with Juridisch Loket Den Haag.