Administrative Jurisdiction Division of the Council of State
The Administrative Jurisdiction Division of the Council of State is the highest administrative court in the Netherlands. For Rotterdam residents, this is the body for appeals against rulings by the District Court of Rotterdam on decisions by the Municipality of Rotterdam, provinces or central government. Ideal if you believe a local authority has wrongly decided on your permit or benefit.
What is the Administrative Jurisdiction Division?
This Division forms part of the Council of State, the highest administrative body and court. Since 2000, it has operated solely as a court, without an advisory role. It reviews whether decisions by bodies such as the Municipality of Rotterdam comply with laws, principles of proper administration and proportionality. In Rotterdam cases, such as port development or housing construction, this often plays a key role.
The Division handles cases daily on spatial planning, environment, social provisions and immigration. It ties in with appeals to the Council of State, with a focus on the Rotterdam context.
Legal basis
The rules are set out in the General Administrative Law Act (GALA), Section 8.6. Key provisions:
- Article 8:1 GALA: Appeal to the Division.
- Article 8:104 GALA: Review of whether the authority could reasonably have decided as it did.
- Article 6:13 GALA: Appeal time limits.
- Council of State Act (CSA), Article 69 et seq.: Structure and duties.
If successful, you can recover costs of proceedings (Article 8:75 GALA), often reimbursed by the government.
Procedure before the Administrative Jurisdiction Division
For Rotterdam residents, it works as follows:
- Lodge the appeal: Within 6 weeks of the District Court of Rotterdam ruling (Article 6:13 GALA). Use the form on rechtspraak.nl.
- Review: Examination of the file, invitation to a hearing (often digital or in The Hague).
- Hearing: Parties present their case; approx. 30 minutes.
- Judgment: Within 13 weeks (Article 8:56 GALA), usually in writing. Urgent cases via the provisional relief judge (Article 8:81 GALA).
- Appeal to the Crown: Exceptionally (Article 8:113 GALA).
Key time limits:
| Action | Time limit |
|---|---|
| Lodging the appeal | 6 weeks |
| Statement of defence | 4 weeks after request |
| Judgment | 13 weeks after hearing |
Rights and obligations of parties
Rights
- Right to be heard and right of reply: Hearing and access to the file (Article 8:42 GALA).
- Reimbursement of costs of proceedings: Up to €1,068 (2024).
- Legal assistance: Free via Rotterdam Legal Desk or legal aid.
Obligations
- Submit documents on time and complete.
- Present facts honestly; sanctions for breaches.
- Court fee: €176 (2024, Article 8:71 GALA).
Practical examples from Rotterdam
Example 1: Building permit. A Rotterdam resident wants to extend their home in Feijenoord, but the Municipality of Rotterdam refuses due to the zoning plan. District Court of Rotterdam rejects; Division allows it due to careless preparation (Article 3:2 GALA).
Example 2: Benefits claim. Municipality of Rotterdam stops benefit. District Court upholds, but Division quashes due to insufficient reasoning (Article 3:46 GALA). Fresh decision required.
Example 3: Environmental issues in the port. Company challenges permit; Division reviews proportionality and suspends enforcement.
These cases illustrate practical oversight of Rotterdam decisions.
Frequently asked questions
Can I represent myself?
Yes, many Rotterdam residents do. For complex cases: lawyer via Rotterdam Legal Desk or Council for Legal Aid.
Missed the deadline?
Apply for extension of time limit (Article 6:9 GALA) if valid reason, e.g. via the Legal Desk.
How long does it take?
6-12 months; urgent cases within weeks.
Difference from other divisions?
Division for general cases; Central Appeals Division for social security. See divisions.
Tips for Rotterdam residents
- Gather evidence, such as correspondence from the Municipality of Rotterdam.
- Use appeal templates on rechtspraak.nl.
- Try mediation (Article 8:40 GALA) via local services.
- Track your case on rechtspraak.nl (ECLI).
- Start at Rotterdam Legal Desk for free advice.
Related articles: Appeal to the Council of State