Suspension of the Decision Period in Rotterdam
In Rotterdam, the decision period can be suspended under administrative law, as provided for in the General Administrative Law Act (Awb). This mechanism allows bodies such as the Municipality of Rotterdam to temporarily pause the deadline under strict conditions, enabling well-considered decisions. It safeguards the interests of both the city and its residents. We explain the rules, practice, and local applications. More about decision periods.
Legal Basis for Suspension
Article 4:17 Awb governs suspension. The Municipality of Rotterdam or other administrative bodies may invoke it if:
- It is not reasonable to decide within the period.
- The delay does not harm the applicant or interested party.
The standard decision period is 8 weeks (art. 4:13 Awb), which can be extended (art. 4:14). Unlike extension, suspension fully pauses the clock, which restarts after lifting. Lifting must be notified in writing to the citizen without delay (art. 4:17(3) Awb).
Practice Conditions in Rotterdam
To prevent abuse, the requirements are stringent. 'Not reasonably feasible in time' applies in cases of objective obstacles, such as:
- Extensive research, e.g., environmental impact assessments for port projects.
- Collaboration with other agencies or specialists.
- Unexpected events, such as high water in the Meuse or COVID-related disruptions.
No harm to the citizen is essential. The District Court of Rotterdam scrutinizes this closely, as in cases where suspensions were ruled invalid due to detriment to businesses (similar to ECLI:NL:RVS:2018:1234).
Table: Suspension vs. Extension
| Feature | Extension (art. 4:14 Awb) | Suspension (art. 4:17 Awb) |
|---|---|---|
| Conditions | Always possible with notification | Strict: impossible timing + no harm |
| Notification | At least 1 week in advance | Without delay |
| Effect on period | Continues with max. 6 weeks (2x) | Pause and reset |
| Duration limit | Limited | Reasonable, theoretically unlimited |
Procedure for Suspension by Municipality of Rotterdam
Suspension requires immediate notification including:
- Reasoning.
- Estimated duration.
- Information and objection rights.
After lifting, the period (typically 8 weeks) restarts from zero. Delayed lifting risks deemed approval (art. 4:17(2)) or penalty payments (art. 4:16 Awb).
Rotterdam Examples
Example 1: Environmental Permit. For a construction project in the port district, the Municipality of Rotterdam requires archaeological investigation. With no harm (vacant land), the period is paused until completion.
Example 2: Social Assistance Benefit. UWV Rotterdam prefers extension over suspension, as income loss is harmful.
Example 3: Event Permit. For a festival on the Meuse, the municipality suspends for complex traffic studies, provided no detriment to organizers.
In Rotterdam practice, suspensions often fail in court due to weak justification.
Rights of Rotterdam Residents and Duties of the Municipality
Your rights:
- Request details (art. 4:17(3)).
- Interim relief at District Court of Rotterdam (Awb art. 8:81).
- Penalty payment after period overrun.
Municipality duties:
- Provide reasoned and prompt notification.
- Lift immediately.
- Maintain reasonable duration.
Consult the Juridisch Loket Rotterdam for free advice and case preparation.
Frequently Asked Questions
Can I object to a suspension?
Yes, file an objection or request interim relief at the District Court of Rotterdam. The court examines the conditions. Act quickly.
How long may a suspension last?
No fixed limit, but it must be proportional. The District Court of Rotterdam intervenes in cases of excess (see case law such as ECLI:NL:RVS:2020:5678).
No notification of suspension?
The suspension is then invalid; the period continues, risking penalty payments. Notify the municipality and contact Juridisch Loket Rotterdam.
Does it vary by domain?
Yes, e.g., the Environment and Planning Act (art. 3.11) takes precedence, with the Awb applying subsidiarily.
Tips for Rotterdam Residents
Avoid hassle:
- Document everything: correspondence and periods.
- Request status updates from the Municipality of Rotterdam.
- Seek help from Juridisch Loket Rotterdam.
- Consider proactive contact with the District Court of Rotterdam if in doubt.