An official decision is a decision taken by the government on its own initiative, without you having requested it. This could be, for example, a fine or an enforcement measure in Rijswijk.
What does an official decision entail?
An official decision is taken by an administrative authority, such as the municipality of Rijswijk, on its own initiative. This means that it is not preceded by a request from a citizen.
Examples of official decisions
| Category | Examples |
|---|---|
| Enforcement measures | Order under penalty of a coercive fine, application of administrative coercion |
| Penalty measures | Administrative sanction, revocation of a permit |
| Tax matters | Assessment notice, additional assessment notice |
| Adjustments | Revision of a previous decision |
Procedure for official decisions
For official decisions in Rijswijk, specific rules and safeguards apply:
- Opportunity to submit views: For negative decisions, you often first get the chance to share your position.
- Mandatory hearing: For far-reaching decisions, you must be heard before the decision is taken.
- Substantiation: The decision must be clear and properly substantiated.
Preliminary announcement of a decision (intention)
In some cases, you will receive a preliminary announcement of an official decision in Rijswijk:
- You can respond to this by submitting views.
- The response period is usually 2 to 4 weeks.
- The definitive decision of the administrative authority follows thereafter.
Lodging an objection against an official decision
If you disagree with an official decision, you can lodge an objection in Rijswijk:
- This must be done within 6 weeks after the publication of the decision.
- Lodging an objection usually does not suspend the execution of the decision.
- In cases of urgency, you can request a provisional remedy from the District Court of The Hague.
Frequently asked questions about official decisions
Is the government obliged to inform me before imposing a fine?
In many cases, yes. You often first receive an intention to which you can respond with your views before the fine is definitively imposed.
Can I lodge an objection against an intention?
No, an intention is not a definitive decision. You can submit views. An objection is only possible after the definitive decision.
Is a fine suspended upon lodging an objection?
No, lodging an objection does not automatically suspend the fine. You can request a provisional remedy from the District Court of The Hague to request suspension.
Additional questions about official decisions in Rijswijk
May the municipality of Rijswijk take a decision without hearing me?
In exceptional situations, such as immediate danger or if your position is already known, the municipality may take a decision without hearing you beforehand. Usually, however, you receive an intention or the opportunity to give your opinion, especially for burdensome decisions.
How long does it take before a decision becomes definitive?
This depends on the situation. With an intention, you often have 2-4 weeks to respond. The definitive decision follows thereafter, sometimes within a few weeks. An objection can be lodged within 6 weeks. Without a response, a decision may become definitive after the statutory period (often 8 weeks).
What to do if I disagree with an intention?
Submit views within the specified period (usually 2-4 weeks). Explain why you disagree and substantiate this with arguments or evidence. The Juridisch Loket Rijswijk can help you draft this.
Can I prevent an official decision?
In some cases, yes, for example by submitting strong views or by reaching a solution in consultation with the municipality of Rijswijk. Taking timely action is crucial here.
What is the difference between views and objection?
You submit views in response to an intention to influence the decision, whereas an objection is a formal step against a definitive decision. Both have specific time limits (2-4 weeks for views, 6 weeks for objection).
How do I request a provisional remedy?
In urgent cases, you can request a provisional remedy from the District Court of The Hague. This can, for example, suspend a fine temporarily. The Juridisch Loket Rijswijk can support you in this.