The government is obliged to take a decision on your application within a fixed period. If this does not happen, there are steps you can take. Discover which deadlines apply and what to do in case of exceedance in Rijswijk.
Statutory Deadlines for Decisions
According to the General Administrative Law Act (Awb), the following deadlines apply:
| Situation | Deadline |
|---|---|
| Standard (no specific deadline) | 8 weeks after receipt of the application |
| Specific statutory deadline | The deadline as laid down in that act |
| Policy rule applicable | The deadline as stated in the policy rule |
Suspension of the Decision Deadline
The deadline may be temporarily suspended in the following cases:
- The application is incomplete (time to supplement)
- You have requested an extension yourself
- The administrative authority is awaiting information from abroad
- You have consented to an extension
Extension of the Deadline
The administrative authority may extend the decision deadline by a maximum of 8 weeks. This must be notified in writing before the expiry of the original deadline.
What to Do in Case of Delay: Notice of Default
If the government does not decide on time, you can serve a notice of default:
- Send a written notice in which you hold the administrative authority in default
- The authority then has 2 weeks to take a decision after all
- If no decision is forthcoming, a penalty payment may be imposed
- You can also lodge an appeal directly due to the failure to take a decision
Penalty Payment in Case of Delay
After a notice of default and the expiry of the 2-week period:
- € 23 per day for the first 14 days
- € 35 per day for the subsequent 14 days
- € 45 per day for all following days
- Maximum amount: € 1,442
Frequently Asked Questions about Decision Deadlines
When does the decision deadline start?
The deadline starts the day after receipt of a complete application by the administrative authority.
Can I claim both a penalty payment and lodge an appeal?
Yes, both options are possible. A penalty payment serves as an incentive for a decision, while an appeal may lead to a judgment by the court.
Does the penalty payment scheme apply to every type of decision?
No, there are exceptions, such as asylum procedures and certain other cases.
Contact and Support in Rijswijk
For legal assistance, you can go to the Juridisch Loket Rijswijk. For cases that go to court, Rijswijk falls under the District Court of The Hague.