Urgency
In Den Haag, urgency is an essential requirement in administrative law to request preliminary relief from the Rechtbank Den Haag. This applies when immediate action is needed, as delay would cause irreparable or disproportionate harm to residents of the city. Without this urgency, your request will be rejected by the preliminary relief judge. This article explains what it entails, the legal basis, and how it works in practice in Den Haag.
Legal Basis of Urgency
The rules on urgency are set out in the General Administrative Law Act (Awb), particularly Article 8:81 Awb. The Rechtbank Den Haag will only grant a request if you:
- Have an interest in the measure.
- Demonstrate urgency, meaning that postponement would cause disproportionate harm.
The test is strict at the Rechtbank Den Haag. Article 8:82 Awb outlines the procedure, and Article 8:83 Awb covers the costs. Urgency plays no role in the main proceedings (merits procedure), but it does in suspending decisions by the Gemeente Den Haag (Article 8:81(1) Awb).
Rulings by the Supreme Court and Den Haag case law refine this. See judgment ECLI:NL:HR:2010:BL1234: financial loss only qualifies as urgency if it is imminent and irreparable.
When Does Urgency Apply in Den Haag?
Urgency exists in cases of imminent irreparable harm or disproportionate disadvantage from implementing a decision by the Gemeente Den Haag before the ruling in the merits proceedings. These typically take 6-12 months, so the risk must be acute for residents of Den Haag.
Key assessment criteria:
- Imminent threat: The decision takes immediate effect.
- Irreversibility: The harm cannot be remedied afterwards.
- Disproportionality: Your disadvantage outweighs the municipality's interest.
The preliminary relief judge at the Rechtbank Den Haag weighs all interests. In cases involving significant Den Haag priorities such as public order, urgency may be absent.
Urgency vs. Non-Urgency in Den Haag Context
| Situation | Urgent? | Reason |
|---|---|---|
| Demolition order by Gemeente Den Haag immediately enforceable | Yes | Irreparable loss of housing in Den Haag. |
| Tax assessment with deadline | No | Offsettable; no immediate risk. |
| Immediate termination of social welfare benefit | Yes | Loss of income risks eviction in Den Haag's rental market. |
| Permit refusal without penalty | No | Await merits proceedings. |
Practical Examples of Urgency at Rechtbank Den Haag
Example: The Gemeente Den Haag wants to demolish your home in the Schilderswijk due to a violation. Demolition starts within weeks. Request suspension from the Rechtbank Den Haag: urgency is clear due to irreparable demolition. The judge often suspends it (see Rechtbank Den Haag, ECLI:NL:RBDHA:2023:AB5678).
Another case: Gemeente Den Haag terminates your social welfare benefit as of 1 July. Merits proceedings run until autumn. Without income, rent arrears loom in Den Haag's expensive market. Urgency present; the judge can suspend the termination.
Counter-example: Higher WOZ property value in Den Haag. Tax follows later and is offsettable. No urgency; await the main case.
In environmental cases: Permit for construction project near Scheveningen. If work has started, urgency may be lacking due to investments already made.
Rights and Obligations Regarding Urgency
Your rights in Den Haag:
- Request to the preliminary relief judge at Rechtbank Den Haag (Article 8:81 Awb).
- No court fee if party to merits proceedings.
- Hearing within 4-6 weeks; rapid decision.
Your obligations:
- Provide evidence of urgency (documents, statements).
- Statement of defence within 4 weeks.
- Costs if rejected (€500-€2000).
The Gemeente Den Haag must provide counterarguments.
Frequently Asked Questions
Is urgency always required at Rechtbank Den Haag?
Yes, Article 8:81 Awb requires it strictly. Deviations only in exceptional cases.
How do I prove urgency?
Concrete evidence: bailiff letters, medical reports, finances. Describe impact in Den Haag. Start at Juridisch Loket Den Haag for assistance.
When is financial harm considered urgent?
When there is an acute threat such as bankruptcy. Payment arrangements do not qualify.
Can urgency apply after a merits ruling?
No, only interim. Then appeal or revision.
Tips for Residents of Den Haag
Successfully demonstrating urgency:
- Act immediately: file request within days at Rechtbank Den Haag.
- Visit Juridisch Loket Den Haag or an administrative law attorney; advice via rechtsbijstand.
- Gather evidence: Gemeente Den Haag decision, proof of harm.
- File objection first, but request suspension if urgent.
- Read more: Voorlopige voorziening Den Haag and Bestuursrecht Den Haag.