Urgent Procedure Rechtbank Den Haag
The urgent procedure at Rechtbank Den Haag, also known as summary proceedings or preliminary relief, offers residents of Den Haag a swift legal solution to avert imminent serious harm. In social security law, you address this request to the administrative judge when a decision by the UWV or the Municipality of Den Haag must be immediately suspended, such as the termination of a WW, WIA, or social assistance benefit.
When to choose an urgent procedure in Den Haag?
As a resident of Den Haag, you may encounter decisions that immediately impact your income, such as the withdrawal of social assistance by the Municipality of Den Haag or a UWV reassessment. A standard procedure takes months, leaving you without resources. Fortunately, the preliminary relief from Rechtbank Den Haag can provide suspension of enforcement or secure a temporary advance payment.
Crucial is the urgent interest: there must be a pressing and irreparable risk. Consider a benefit ending on 1 August without savings, leading to rent issues in neighborhoods like Schilderswijk or Segbroek. A typical scenario: an unemployed Den Haag resident loses WW benefits due to a UWV error, risking debts owed to the Municipality of Den Haag.
Legal basis
This procedure is governed by the General Administrative Law Act (Awb), specifically articles 8:81 to 8:83 Awb. You submit it to the administrative judge when delay in the main proceedings causes disproportionate harm and urgency is required.
- Disproportionate harm from delay in the substantive proceedings;
- Presence of urgent interest.
In Den Haag, this applies to acts such as the Participation Act (art. 46) and WIA. Rechtbank Den Haag, administrative law division, handles these cases. Thanks to the Act Improving the Position Regarding Labour Market Participation (2020), the process is even smoother.
Step-by-step guide to applying at Rechtbank Den Haag
Use a petition form and follow these steps:
- File an objection: Within 6 weeks of the UWV or Municipality of Den Haag decision.
- Submit the request: Explain the issue, highlight the urgency and desired outcome (e.g., maintaining the benefit). Attach evidence, such as bank statements.
- Send it in: Digitally via Rechtspraak.nl or by mail to Rechtbank Den Haag. Expect a court fee of €182 (individuals, 2024).
- Hearing: Typically within 2-4 weeks in Den Haag; both sides are heard.
- Judgment: Within one week after the hearing.
Get assistance from the Legal Aid Office Den Haag or a lawyer. Low-income applicants qualify for subsidized legal aid via the Council for Legal Aid.
Practical examples for Den Haag residents
Example 1: Ms. Jansen from the Binckhorst receives social assistance from the Municipality of Den Haag. It abruptly terminates her benefit citing 'earning capacity.' After filing an objection, she requests urgent relief: Rechtbank Den Haag suspends the decision, preserving her income.
Example 2: Mr. De Vries from Ypenburg, on WIA benefits, challenges a UWV reassessment. The court awards a 70% advance, allowing him to cover his bills.
These cases highlight protection for daily living expenses in Den Haag.
Rights and obligations
Rights:
- Priority and expedited processing.
- Full hearing and right of rebuttal with the UWV or municipality.
- If rejected, costs may be recoverable upon success in the main case.
Obligations:
- Prove urgency with concrete facts.
- Pay the court fee (remission available on request).
- Prepare for potential adjustments later.
Urgent vs. regular procedure
| Aspect | Urgent procedure | Regular procedure |
|---|---|---|
| Duration | 2-4 weeks | 6-12 months |
| Court fee | €182 | €91 (first instance) |
| Outcome | Preliminary | Final decision |
| Urgency | Required | Not required |
Frequently asked questions
Can I request urgent relief without an objection in Den Haag?
No, generally file an objection first (art. 8:81 Awb). In a pure crisis, consult the Legal Aid Office Den Haag.
What if Rechtbank Den Haag rejects it?
Proceed with the main case; rejection is not binding. Appeal is possible.
Do I need a lawyer?
Not always, but recommended. With legal aid from Arslan Advocaten, we assist locally.
Repayment of benefits if I win?
Yes, back payments with interest if you win the main case.
Tips for Den Haag residents
- Act quickly: Within days of the decision, approach Rechtbank Den Haag.
- Always include documents: Letters, bank statements, medical certificates.
- Check legal aid: Via the Council for Legal Aid or Legal Aid Office Den Haag.
- Try mediation: UWV or Municipality of Den Haag offers options.
- Read more: Request preliminary relief, UWV objection, Administrative law appeal.