Ultimum Remedium in Administrative Law for Den Haag
Ultimum remedium provides residents of Den Haag with a last resort to revise an irrevocable judgment of the Rechtbank Den Haag. This is only possible under strict conditions, such as newly discovered facts or serious procedural errors. The principle ensures stability in decisions on local matters, such as permits from the Gemeente Den Haag, while offering a safety net for exceptional cases.
Why Ultimum Remedium Matters for Residents of Den Haag
In administrative law proceedings in Den Haag, cases typically go through objection at the municipality, appeal at the Rechtbank Den Haag, and possibly further appeal. An irrevocable judgment binds all parties. But what if crucial information emerges later that renders the decision unjust? That's when ultimum remedium steps in as an exceptional option. It preserves legal certainty while allowing correction based on new developments. This article builds on our overview of judgment revision, focusing on Den Haag practice.
Legal Basis
The provision is set out in Article 8:119 of the General Administrative Law Act (Awb). An irrevocable judgment of the Rechtbank Den Haag or an administrative body on further appeal may be revised by the same court or the court to which it belongs. For the Administrative Jurisdiction Division of the Council of State, Article 8:120 Awb applies.
Revision requires specific grounds:
- newly discovered facts or circumstances that could not have been known at the time of the judgment;
- abuse of right;
- incompatibility with a treaty of the Netherlands that entered into force later; or
- incompatibility with a law that became applicable later.
The application must be filed within three months of discovering the ground, unless the court grants an extension.
Conditions for a Successful Application
Newly Discovered Facts
These facts must be essential and could not reasonably have been discovered earlier, such as a late-emerging document from Gemeente Den Haag archives or a new witness statement.
Procedural Errors and Abuse
Abuse includes fraud or forgery. The Rechtbank Den Haag checks whether this affected the judgment.
| Aspect | Regular Appeal | Ultimum Remedium (Art. 8:119 Awb) |
|---|---|---|
| Availability | Within deadlines (6 weeks) | Only after irrevocable judgment |
| Conditions | Breach of principles | New facts, abuse, etc. |
| Deadline | Fixed | 3 months after awareness |
| Effect | Preliminary relief possible | No interim measures |
Procedure in Den Haag Step by Step
- Application: File with the Rechtbank Den Haag or Council of State, in writing with substantiation and evidence.
- Preliminary Review: The court assesses the conditions; a hearing is not always required.
- Judgment: Revision, annulment, or dismissal. If granted, a new case follows.
- Costs: Court fee (€357 in 2023); success leads to reimbursement of procedural costs.
Average duration: 6-12 months, depending on the case.
Practical Examples from Den Haag
Example 1: You lose your appeal against a rejected building permit from the Gemeente Den Haag. Later, a withheld environmental study surfaces: a new fact for ultimum remedium at the Rechtbank Den Haag.
Example 2: A judgment on a parking permit or benefit relies on false official information. Proof of fraud opens the door to revision.
Example 3: No: Information you yourself withheld does not count as new; it should have been disclosed earlier.
Rights and Obligations for Residents of Den Haag
- Right to Apply: Any interested party, including citizens against the municipality.
- Burden of Proof: You must provide evidence of the grounds.
- No Suspension: The judgment remains enforceable during the proceedings.
- Legal Assistance: Not mandatory, but consult the Juridisch Loket Den Haag or a subsidized lawyer via the Council for Legal Aid.
Frequently Asked Questions about Den Haag
Can I use ultimum remedium for new arguments?
No, only objective new facts count. Legal reinterpretations do not.
Filed too late after three months?
Extension possible if the delay is not your fault. File immediately with explanation at Rechtbank Den Haag.
Is the judgment immediately invalid?
Only if granted; otherwise, it remains in force and the case is reopened.
Differences per authority in Den Haag?
Uniform under the Awb; Council of State has Art. 8:120, but procedure is the same.
Tips for Residents of Den Haag
- Gather all evidence immediately.
- Contact Juridisch Loket Den Haag for free advice.
- Thoroughly check Den Haag Municipality decisions for errors.
- Consider professional help for complex cases at Rechtbank Den Haag.
- Act quickly: time is critical.