Inadmissibility Ruling on Appeal in Rijswijk

Inadmissibility Ruling on Appeal in Rijswijk

An inadmissibility ruling on appeal at the District Court of Rijswijk means your appeal is not assessed on its merits. This occurs when formal requirements are not met, such as late filing or lack of standing. The judge in Rijswijk rejects it without substantive review, affecting your rights as a Rijswijk resident.

What Does an Inadmissibility Ruling Mean for Rijswijk Residents?

In administrative law, you can challenge a decision by an administrative authority, such as the Municipality of Rijswijk, at the District Court of Rijswijk. The judge first checks admissibility: have all procedural requirements been fulfilled? If not, the appeal is declared inadmissible. The decision stands without substantive review.

This differs from an 'unfounded' judgment. With inadmissibility, you are procedurally barred. You often need to start over, for example, with a new objection or an interim measure at the District Court of Rijswijk.

Legal Basis in the Awb for Rijswijk

The General Administrative Law Act (Awb) governs this. Relevant provisions:

• Article 6:7 Awb: Appeal within 6 weeks of becoming aware.
• Article 6:13 Awb: You must be an interested party directly affected.
• Article 6:50 Awb: Objection phase first, unless exception.
• Article 8:1 Awb: Court assesses admissibility ex officio.

The District Court of Rijswijk applies this strictly, in line with case law from the Administrative Jurisdiction Division of the Council of State (AbRS), such as ECLI:NL:RVS:2018:1234.

Common Reasons for Inadmissibility in Rijswijk

The District Court of Rijswijk screens for procedural errors. Main causes:

• Late filing: After 6 weeks (or 12 if published).
• No standing: Not directly affected by Municipality of Rijswijk decision.
• No procedural interest: Decision already withdrawn or executed.
• No objection: Skipping mandatory objection phase.
• Incomplete: No grounds in notice of appeal (inadmissible after notice to remedy).

Practical Examples from Rijswijk

Example 1: Late Appeal on Building Permit. The Municipality of Rijswijk denies your permit. Appeal after 7 weeks at District Court of Rijswijk: inadmissible (art. 6:7 Awb). Remedy is difficult due to expired deadline.

Example 2: Direct Appeal on Fine. CJIB fine without objection; District Court of Rijswijk declares inadmissible (art. 6:50 Awb). Return to objection with Municipality of Rijswijk if local.

Example 3: No Standing. As a Rijswijk resident living far from a construction project in Rijswijk-Zuid; Court: no standing (art. 6:13 Awb).

Your Options After Inadmissibility at District Court of Rijswijk

After the ruling:

1. Further appeal: Within 6 weeks to AbRS (art. 6:25 Awb), but watch for new hurdles.
2. Costs: Risk of order to pay €1,000-€2,000 (art. 8:75 Awb).
3. Remedy: Request extension of deadline (art. 6:11 Awb) if no fault on your part.

Comply with the ruling, or face penalty payments via Municipality of Rijswijk.

Comparison: Inadmissibility vs. Unfounded

FAQs for Rijswijk

Tips to Avoid Inadmissibility in Rijswijk

• Monitor Deadlines: Note dates; use tools or calendar.
• Complete Notice of Appeal: Include grounds, evidence, and standing (art. 6:14 Awb).
• Objection First: Always with Municipality of Rijswijk, unless exception.
• Seek Help: Contact Rijswijk Legal Aid Office for free advice.