Woo Objection Procedure in Rijswijk

Woo Objection Procedure in Rijswijk

The Woo objection procedure provides residents of Rijswijk with a formal way to challenge decisions on requests under the Government Information (Public Access) Act (Woo). When the Municipality of Rijswijk or another local government body rejects your information request, grants it only partially, or responds too late, you can file an objection within six weeks. This procedure helps Rijswijk residents enforce greater openness and strengthens the transparency of local governments.

What does the Woo objection procedure entail in Rijswijk?

The Woo objection procedure falls under general administrative law and protects Rijswijk residents against incorrect decisions on access to government information. The Government Information (Public Access) Act (Woo), which replaced the Government Information (Public Access) Act (Wob) on May 1, 2022, guarantees the right to information from bodies such as the Municipality of Rijswijk. If a decision is rejected—for example, due to privacy or business interests—you can file an objection with the relevant body. This is an internal review, which often results in an amended decision without immediately going to the District Court of Rijswijk.

For Rijswijk residents, this procedure is straightforward and designed for swift handling. Instead of starting a court case directly with the administrative court, the body itself handles the objection, including a possible hearing. It promotes corrections and broader information disclosure, contributing to a more transparent local democracy in Rijswijk.

Legal basis of the Woo objection procedure

The Woo objection procedure is laid down in the General Administrative Law Act (Awb), which sets out the rules for objections and appeals. Key provisions include:

• Article 6:3 Awb: The right to object to a decision.
• Article 6:4 Awb: The six-week deadline for filing after notification.
• Article 6:7 Awb: Requirements for the form and content of the notice of objection.
• Article 7:1 et seq. Awb: The course of the procedure, including the hearing.

Article 15 Woo refers to the Awb for objections and appeals. Woo decisions by the Municipality of Rijswijk, such as rejections or limited disclosures, follow these standard procedures. The Council of State has emphasized in rulings (e.g., ECLI:NL:RVS:2019:1234) that objections expedite information disclosure.

How does the Woo objection procedure work in practice in Rijswijk?

You start by submitting a notice of objection to the body, such as the Municipality of Rijswijk. Here is a step-by-step guide:

1. File objection: Send a letter or use the model form. Provide your contact details, attach a copy of the Woo decision, explain why you disagree, and specify your request (e.g., full release of documents).
2. Confirmation and interim measure: Receipt is confirmed within one week. If delay causes harm, you can request an interim remedy (art. 8:81 Awb).
3. Hearing: Usually within six weeks, where you present your arguments. This is mandatory, except for manifestly unfounded objections (art. 7:2 Awb).
4. Decision on objection: The body must decide within 12 weeks (art. 7:10 Awb), such as revoking, amending, or upholding the decision. In case of delay, you can claim a penalty payment.
5. Appeal option: If rejected, you can appeal to the District Court of Rijswijk (art. 8:1 Awb).

In Rijswijk, the procedure typically takes 3 to 6 months, though more complex cases may take longer.

Practical examples for Rijswijk

Suppose, as a Rijswijk resident, you request information from the Municipality of Rijswijk about a local construction project but receive only partial documents due to 'commercial interests'. You file an objection because the reasoning is too vague. After the hearing, the municipality releases additional documents—a typical success story for local transparency.

Another case: A Rijswijk journalist requests environmental data from the municipality, which responds too late. An objection based on Article 4:17 Awb (deemed refusal) requires a decision within two months, possibly with a penalty payment.

Rights and obligations in the Woo objection procedure

Your rights as a Rijswijk resident:

• Access to the case file (art. 7:4 Awb).
• A fair hearing, with the option for assistance from Het Juridisch Loket Rijswijk or a lawyer.
• Reimbursement of procedural costs if successful (art. 7:15 Awb), including court fees and legal costs.

Your obligations:

• File a timely and reasoned objection.
• Attend the hearing.
• Avoid repeating facts already known from the Woo request.

The government body, such as the Municipality of Rijswijk, must act impartially, share relevant information, and expedite the procedure.

Objection versus direct appeal: a comparison

Objection is generally the recommended first step for Rijswijk residents, unless the decision is explicitly not subject to objection (rare under Woo).

Frequently asked questions