Provisional Remedy in Administrative Law Den Haag
An interim relief in administrative law is an urgent procedure at the District Court Den Haag. It allows you to temporarily suspend or modify decisions by the Municipality of Den Haag or other administrative authorities, pending a final ruling on your objection or appeal. This limits damage during the ongoing proceedings in the Den Haag region.
What does interim relief entail?
In administrative law, authorities such as the Municipality of Den Haag take swift decisions with immediate effect, such as terminating a benefit or issuing an environmental permit. If you disagree and have lodged an objection or appeal, interim relief prevents irreversible harm. The administrative judge at the District Court Den Haag may suspend the decision or order an alternative temporary solution, such as halting construction work in your neighborhood.
This remedy applies to crisis situations with urgent interest. It is a provisional measure, not a full trial. The relief typically lapses after the ruling in the main proceedings (merits procedure).
Legal basis
The procedure for interim relief is laid down in the General Administrative Law Act (Awb), particularly Article 8:81 Awb. You request suspension or another interim decision. The judge verifies whether:
- There is an urgent interest.
- Waiting for the final ruling would cause serious disadvantages.
- There is a realistic chance of success in the merits proceedings (preliminary review).
Article 8:82 Awb outlines the procedure, while Article 8:83 Awb requires an oral hearing. Amendments to the Awb in 2010 have made the process in Den Haag more efficient and faster.
When to file at District Court Den Haag?
File a request if your objection or appeal against a decision is pending but the final decision is delayed. Key requirements:
- Urgent interest: For example, a benefit from the Municipality of Den Haag is stopped, putting you in immediate distress.
- No automatic suspension: See also information on suspensory effect of objection.
- Preventing enforcement: The decision has not yet been fully executed.
Den Haag example: The Municipality of Den Haag issues a tree-felling permit for Haagse Bos. You object, but the felling is scheduled. Without interim relief, the trees are gone with no later remedy.
Procedure steps at District Court Den Haag
- File request: With the competent administrative judge at the District Court Den Haag (Prins Clauslaan location). Download the form from rechtspraak.nl or draft a request with facts, urgency, and substantiation.
- Objection or appeal: Must already have been filed (with exceptions).
- Oral hearing: Usually within 4-6 weeks; parties are heard (Article 8:83 Awb).
- Ruling: Shortly after the hearing; balancing of interests by the judge.
- Court fee: €181 (2024); refundable if successful.
In Den Haag, this often wraps up within 2 months.
Rights and obligations
Your rights:
- Reimbursement of procedural costs if you win (Article 8:76 Awb).
- No court fee with special assistance from the Municipality of Den Haag.
- Immediate effect of the suspension.
Obligations:
- Demonstrate urgency.
- Notify the administrative authority.
- Possibly repay benefits after the merits ruling.
For advice: Contact the Juridisch Loket Den Haag (Laan van Wateringsveld 62).
Comparison: interim relief vs. suspensory effect
| Aspect | Suspensory effect of objection | Interim relief |
|---|---|---|
| Authority | Administrative body (e.g., Municipality of Den Haag) | District Court Den Haag |
| Timing | Upon objection (Article 7:1 Awb) | After objection/appeal, in urgent cases |
| Review | Preliminary decision by authority | Judicial assessment |
| Costs | None | €181 court fee |
| Speed | Authority's decision | 4-8 weeks |
If the Municipality of Den Haag does not suspend, proceed to the District Court Den Haag.
Den Haag practice examples
Example 1: Benefit suspension. Benefits from Municipality of Den Haag stopped due to suspected fraud. Objection pending without suspension; judge suspends via interim relief.
Example 2: Urban construction. Permit for extension in Schilderswijk blocks your light. After failed suspension by municipality: judge halts construction temporarily.
Example 3: Asylum case. Negative decision at District Court Den Haag; urgent request prevents deportation.
Frequently asked questions
Can you request interim relief without an objection?
No, normally an objection or appeal must be pending (Article 8:81(1) Awb). Exception in cases of immediate danger; consult Juridisch Loket Den Haag.
What if the judge rejects the request?
The merits proceedings continue. No appeal against rejection, except for costs.
Do I need a lawyer?
Not always, but recommended for complex cases. Free advice via Juridisch Loket Den Haag or legal aid.
How long does interim relief take?
Often 4-8 weeks to ruling at District Court Den Haag, depending on urgency.