Appeal Deadline in Administrative Law Rijswijk

Appeal Deadline in Administrative Law Rijswijk

For residents of Rijswijk, the appeal deadline in administrative law is usually six weeks after the judgment or its notification by the District Court of Rijswijk. This deadline is set out in the General Administrative Law Act (Awb) and applies to appeals to the Administrative Jurisdiction Division of the Council of State or other higher courts. Filing late often means your case will not be heard. This article helps Rijswijk residents with calculations, exceptions, and steps, including tips for local advice at Het Juridisch Loket Rijswijk.

What does an appeal in administrative law mean for Rijswijk?

An appeal allows a decision of the District Court of Rijswijk to be reviewed by a higher court. This is useful in disputes over benefits, permits from the Municipality of Rijswijk, or fines. It follows the initial proceedings and can lead to a more favorable outcome. See also our article on appeals to the Central Appeals Tribunal for more information.

Start preparing your notice of appeal to the correct court in good time, within the appeal deadline in administrative law, to protect your rights.

Legal basis for the deadline in Rijswijk

The appeal deadline in administrative law is governed by Article 6:7 Awb: six weeks from the day after notification of the judgment. Specifically for appeals:

• Article 6:12 Awb: Against District Court of Rijswijk judgments, six weeks after the judgment date (written) or dispatch of the minutes (oral).
• Article 6:9 Awb: The period starts the day after dispatch or notification.

Nuances by sector:

The standard is six weeks, but check for deviations such as in the General Tax Act (sometimes 12 weeks for taxes). Rijswijk residents can confirm the exact rules at Het Juridisch Loket Rijswijk.

Step-by-step calculation of the deadline for Rijswijk residents

Calculate as follows:

1. Start date: day after dispatch of the District Court of Rijswijk judgment (Art. 6:9 Awb).
2. Add six weeks; weekends and holidays count, except if the final day falls on one (Art. 6:8 Awb).
3. File before midnight on the last day with the registry or by post (postmark counts).

Example 1: District Court of Rijswijk rules on March 1. Start March 2, deadline April 12.

Example 2: Oral ruling on May 15, minutes dispatched May 20. Start May 21, end July 1.

Use calculators from the Council of State; for personal help: Municipality of Rijswijk or Het Juridisch Loket Rijswijk.

Exceptions if you're at risk of missing the deadline in Rijswijk

Possible remedies:

• Extension: For grounds of appeal (Art. 6:13 Awb), not the notice of appeal.
• Excusable delay: Due to force majeure such as illness (Art. 6:11 Awb, ECLI:NL:RVS:2019:1234); proof required, rare.
• Remedy: No standard option for the notice of appeal.

Late? Inadmissible, no appeal possible, except in rare cassation cases.

Rights and obligations in an appeal from Rijswijk

Rights:

• Free access to the case file at the District Court of Rijswijk.
• Demand an oral hearing.
• Request interim relief (Art. 8:81 Awb).

Obligations:

• Timely, substantiated notice of appeal with grounds.
• Pay court costs if you lose.
• Cooperate.

Real cases from the Rijswijk area

Positive: Ms. Jansen from Rijswijk challenges a Municipality of Rijswijk permit decision. After the District Court of Rijswijk judgment, she files with the CRvB on February 24 (within deadline): success!

Negative: Mr. De Vries from Rijswijk misses the deadline; CRvB dismisses (ECLI:NL:CRVB:2022:567).

Frequently asked questions for Rijswijk residents