Ultimum Remedium Procedure in Den Haag
The ultimum remedium procedure is a special option under administrative law that allows an administrative authority, such as the Municipality of Den Haag, to revise its own decision as a last resort. This applies only under strict conditions: when all other legal remedies are exhausted and the decision causes serious injustice. For Den Haag residents, it provides a quick path to rectification without needing to go straight to the District Court of Den Haag.
Why is the Ultimum Remedium Procedure Important for Den Haag?
Administrative law is about legal certainty: decisions by local authorities must be reliable and predictable. But injustice cannot go unremedied. The ultimum remedium procedure – literally 'the last resort' – balances these principles. It protects Den Haag residents and businesses from excessive harm caused by an erroneous decision, such as one from the municipality.
Useful when objection, appeal, or further appeal is no longer possible. It gives the administrative authority the chance to correct itself, speeding up procedures and reducing costs. This article builds on our overview of decision revisions, with a focus on Den Haag practice.
Legal Basis
The procedure is set out in Article 8:113 Awb and lists three possible grounds for revision:
- Newly discovered facts or changed circumstances (paragraph 1(a)): Information that emerges later and remained unknown despite all reasonable efforts.
- Clear inaccuracy (paragraph 1(b)): An obvious error that could have been avoided with due care.
- Exceptional hardship (paragraph 1(c)): The decision causes disproportionate suffering.
Key point: apply only when no appeal is possible anymore (ultimum remedium). The outcome may be withdrawal, amendment, or replacement of the decision.
Conditions and Steps in Den Haag
A request succeeds only if all requirements are fully met. Address it to the Den Haag administrative authority, such as the Municipality of Den Haag. No fixed form, but submit within a reasonable time after discovery.
- Submit Request: Send a motivated letter with evidence, referencing the decision and ground.
- Assessment: The authority checks conditions, consults parties involved, and decides.
- Decision: Within a reasonable period (weeks to months). You can appeal the outcome to the District Court of Den Haag.
Be aware of possible court fees in later stages.
Comparison of Revision Options
| Ground | Description | Den Haag Example | Time Limit |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, clear error, or hardship | New report on mobility impairment after denial of parking permit by Municipality of Den Haag | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Income change for Den Haag benefits claim | No fixed term |
| Art. 8:68 Awb (ex officio) | Apparent illegality | Incorrect license plate on CJIB fine for Den Haag traffic | Ex officio |
Practice Examples from Den Haag
Example 1: New Fact. The Municipality of Den Haag denies a parking permit due to insufficient medical need. After the decision, a new report shows a worsening condition. Revision granted, permit issued.
Example 2: Clear Error. CJIB imposes fine for speeding with wrong Den Haag license plate. Obvious mistake; quickly revised.
Example 3: Exceptional Hardship. Benefits termination over minor violation threatens single parent in Den Haag with homelessness. Authority revises to prevent this.
Rights and Obligations in Den Haag
Your Rights:
- Request to the administrative authority, such as Municipality of Den Haag.
- Right to be heard and access the file.
- Appeal against refusal to District Court of Den Haag (Art. 8:1 Awb).
Your Obligations:
- Provide evidence.
- Within reasonable term (often 6 weeks to 1 year).
- Attend hearing.
The authority must provide proper reasoning. Consult the Den Haag Legal Aid Office for free advice.
FAQs for Den Haag Residents
Can I combine ultimum remedium with an appeal?
No, only when all legal remedies are exhausted. An ongoing appeal blocks revision.
How long does it take in Den Haag?
No fixed deadline; expect 4-12 weeks. For urgent cases (hardship), push for acceleration.
Refusal? What next?
Appeal to District Court of Den Haag within 6 weeks, with additional evidence and reasoning.
Do I need a lawyer?
Not always, but yes for complex cases. Start at Den Haag Legal Aid Office for help.
Tips for Den Haag
- Build a Strong Case: Gather Den Haag documents, witness statements, or expert opinions.
- Act Quickly: District Court of Den Haag applies strict time checks.
- Seek Help: Contact Den Haag Legal Aid Office for guidance.