Expedited Administrative Law Procedure Den Haag
The expedited administrative law procedure at the District Court Den Haag provides a fast track to request provisional relief. This is essential in urgent situations, such as the termination of a benefit by the Municipality of Den Haag, to prevent irreparable harm during your ongoing objection or appeal. The procedure is governed by the General Administrative Law Act (Awb) and ensures prompt legal support in the Den Haag region.
What is the expedited procedure in Den Haag used for?
In administrative law, particularly concerning social security, residents of Den Haag often face decisions that disrupt their lives, such as withdrawal of social assistance by the Municipality of Den Haag, abrupt termination of unemployment benefits, or denial of allowances. This can lead to financial crisis or even eviction. The provisional relief temporarily suspends the decision until the court rules. This article outlines the steps, as an extension of our overview on requesting provisional relief in Den Haag. Contact the Legal Aid Office Den Haag for personalized advice.
Legal basis
The procedure is based on Article 8:81 Awb, under which the relief judge of the District Court Den Haag intervenes in cases of immediate urgency without prejudice to overriding interests. For objections, Article 7:81 Awb applies. In social security matters, the Participation Act (art. 57) or Work and Income (Capacity for Work) Act refers to the Awb.
The District Court Den Haag verifies whether:
- Immediate urgency exists: your situation must be pressing.
- Your interest outweighs that of the administrative authority, such as the Municipality of Den Haag.
- A preliminary review is feasible: a summary check on the merits.
When to initiate an expedited procedure in Den Haag?
You can file after lodging an objection or appeal against a decision, pending the ruling. Typical cases:
- Municipality of Den Haag terminates social assistance due to suspected fraud, plunging you into poverty.
- Unemployment benefit stops abruptly, with looming debt accumulation.
- Municipality of Den Haag denies priority status for housing, risking homelessness in the city.
Tip: Apply before a decision on your objection, or simultaneously with your appeal to the District Court Den Haag.
The procedure step by step at District Court Den Haag
- Step 1: Lodge objection or appeal. First, object with the authority such as the Municipality of Den Haag (Awb art. 6:3), except in pre-objection cases.
- Step 2: Submit request. To the relief judge at District Court Den Haag (Awb art. 8:81). Download the form from rechtspraak.nl and attach evidence of urgency, such as bills.
- Step 3: Hearing. Usually within 4-8 weeks; Municipality of Den Haag responds within 5 working days.
- Step 4: Decision. Within 4 weeks after hearing: suspension, amendment, or rejection. No court fee with legal aid.
- Step 5: Enforcement. Immediately binding, unless suspended.
In Den Haag, this typically takes 1-3 months, compared to 6-12 months for a standard appeal.
Practical examples from Den Haag social security cases
Example 1: Ms. Jansen from Den Haag has her social assistance terminated by the Municipality of Den Haag due to a partner declaration. She files an objection and requests relief; the judge suspends it due to lack of evidence and risk of homelessness (ECLI:NL:RBROT:2022:1234, similar case).
Example 2: Mr. Ahmed's unemployment benefit ends prematurely after a sanction; he faces payment arrears. The relief judge at District Court Den Haag restores it temporarily (based on Council of State cases).
Rights and obligations in Den Haag
Your rights:
- Free lawyer via legal aid (Legal Aid Board); start at Legal Aid Office Den Haag.
- Hearing if required.
- Appeal possible to the administrative court.
Your obligations:
- Substantiate your request with evidence.
- Attend the hearing at District Court Den Haag punctually.
- Reimburse costs if you lose (limited).
Comparison: expedited procedure vs. regular procedure
| Aspect | Expedited procedure (art. 8:81 Awb) | Regular appeal |
|---|---|---|
| Duration | 1-3 months | 6-18 months |
| Review | Preliminary (summary) review | Full review |
| Court fee | €182 (2024), often waived | €182-€357 |
| Possible effect | Suspension of decision | Final ruling |
| Condition | Immediate urgency | - |
Frequently asked questions
Can you start an expedited procedure without an objection in Den Haag?
No, you must first lodge an objection or appeal (Awb art. 8:81(1)), except if the Municipality of Den Haag decides too late.
What does an expedited procedure at District Court Den Haag cost?
€182 court fee (low, 2024). Limited costs if you lose; often none with legal aid. Call Legal Aid Office Den Haag.
When does the judge reject a request?
If there is no urgency, your interest does not outweigh the authority's, or the preliminary review fails.