A decision taken may be withdrawn or adjusted under certain conditions. This depends on the nature of the decision and the specific situation.
Withdrawal of Favourable Decisions
A decision that is in your favour, such as a permit or subsidy, may be withdrawn if:
- You do not comply with the rules or conditions imposed
- You have provided incorrect information
- The law or regulations have changed
- The circumstances have changed significantly
Limitations on Withdrawal
An administrative authority may not withdraw a decision without reason. Several important principles apply:
| Principle | Explanation |
|---|---|
| Legal Certainty | Citizens may rely on a decision taken |
| Principle of Legitimate Expectations | Promises or expectations created must be honoured |
| Proportionality | The withdrawal must be appropriate to the infringement |
Retrospective Effect upon Withdrawal
A withdrawal with retrospective effect may only take place in the case of:
- Fraud or the provision of incorrect information
- An explicit statutory basis for retrospective effect
Amendment of Decisions
Amending a decision is possible:
- At your own request as an interested party
- By the administrative authority itself, without a request
- As a result of changed circumstances
Objecting to Withdrawal
A withdrawn decision is also a new decision. You have 6 weeks to lodge an objection against it with the administrative authority in Rijswijk.
Frequently Asked Questions about Withdrawal and Amendment
Can my permit in Rijswijk be withdrawn just like that?
No, there must be a valid reason and the administrative authority must conduct a balancing of interests. You will normally be given the opportunity to tell your side of the story before a decision is withdrawn.
Am I obliged to repay a subsidy upon withdrawal?
This depends on the situation. In cases of fraud, repayment is often mandatory, but for other reasons such as changed circumstances, this is not always the case.
Can I request an amendment of a decision in Rijswijk?
Yes, you can submit a request for amendment of a decision. This will be treated as a new application and the administrative authority will make a decision on it.
Contact and Support in Rijswijk
For legal assistance or advice on withdrawal and amendment of decisions, you can contact the Juridisch Loket Rijswijk. For cases that go to court, Rijswijk falls under the jurisdiction of the District Court of The Hague.