Summary Proceedings District Court Rotterdam
The expedited procedure at the District Court Rotterdam, also known as summary proceedings or preliminary relief, provides an accelerated legal route to avert immediate risk of serious harm. In social security law in Rotterdam, you file this request with the administrative judge if a decision by the UWV or the Municipality of Rotterdam urgently needs to be suspended, such as when a benefit is stopped.
When to opt for summary proceedings in Rotterdam?
In Rotterdam, residents often face decisions with immediate impact, such as the termination of unemployment (WW), disability (WIA), or social assistance benefits by the UWV or the Municipality of Rotterdam. A standard procedure can take months, while you struggle without income amid Rotterdam's high rental prices or daily expenses. Summary proceedings offer help: the judge can order preliminary relief, such as suspending the decision or granting a temporary advance payment.
Essential is a pressing interest: there must be an immediate and irreparable risk. Consider a benefit ending on July 1 with no savings – typical in a port city like Rotterdam with high living costs. A concrete example: an unemployed Rotterdam resident suddenly loses WW benefits due to a UWV error, risking rent arrears with housing associations like Woonbron.
Legal basis
This procedure is governed by the General Administrative Law Act (Awb), specifically Articles 8:81 to 8:83 Awb. You can request preliminary relief from the administrative judge at the District Court Rotterdam if:
- Delaying the main proceedings causes disproportionate harm;
- There is urgency.
In social security, this aligns with the Participation Act (art. 46) for social assistance via the Municipality of Rotterdam and the Work and Income according to Labour Capacity Act (WIA). The District Court Rotterdam, administrative law division, handles these cases. The Improvement of Labour Market Participation Act (2020) has made the process even faster.
Step by step: requesting summary proceedings at District Court Rotterdam
You start with a petition. Here are the steps for Rotterdam residents:
- File an objection: Against UWV or Municipality of Rotterdam decisions within 6 weeks.
- Draft the petition: Explain the decision, highlight the pressing interest, and state your request (e.g., maintain the benefit). Attach evidence, such as Rotterdam bank statements or rental agreements.
- Submit: To the District Court Rotterdam, digitally via Rechtspraak.nl or by post to the address in Rotterdam. Pay the court fee (€182 for individuals in 2024).
- Hearing: Often within 2-4 weeks in Rotterdam. You and the UWV/Municipality of Rotterdam are heard.
- Ruling: Within one week after the hearing.
You may bring a lawyer or legal advisor. Low-income residents in Rotterdam can turn to the Legal Aid Office Rotterdam for free advice or subsidized legal aid via the Council for Legal Aid.
Rotterdam practice examples in social security
Example 1: Ms. Jansen from Rotterdam-Feijenoord has received social assistance from the Municipality of Rotterdam for years. A decision to terminate it due to 'earning capacity' poses an immediate threat. After filing an objection, she requests preliminary relief: the District Court Rotterdam suspends it, and the benefit continues.
Example 2: Mr. De Vries from Rotterdam-South, on WIA benefits, challenges a UWV reassessment. The judge awards a 70% advance to prevent income loss.
This procedure thus protects livelihoods in the city on the Maas.
Rights and obligations
Rights:
- Expedited handling with priority.
- Hearing and right of reply: UWV/Municipality of Rotterdam responds.
- Rejection? Possible cost reimbursement if you win the main case.
Obligations:
- Prove urgency.
- Pay court fee (remission possible via Municipality of Rotterdam).
- Preliminary relief may be adjusted later.
Comparison: summary proceedings vs. regular proceedings
| Aspect | Summary Proceedings | Regular Proceedings |
|---|---|---|
| Duration | 2-4 weeks | 6-12 months |
| Court Fee | €182 | €91 (first instance) |
| Outcome | Provisional | Final decision |
| Urgency | Required | Not required |
Frequently asked questions
Can I request urgency without an objection in Rotterdam?
No, usually file an objection first (art. 8:81 Awb). Exception in extreme urgency; check with Legal Aid Office Rotterdam.
What if rejected by District Court Rotterdam?
Proceed with the main case. Rejection is not binding. Appeal possible.
Is a lawyer required?
No, but helpful. The Legal Aid Office Rotterdam assists with drafting and referrals.
Back payments if I win?
Yes, arrears with possible interest if the main case succeeds.
Tips for Rotterdam residents
- Act quickly: Submit to District Court Rotterdam within days of the decision.
- Document everything: Letters, bank statements, and certificates in Rotterdam context.
- Check legal aid: Via Council for Legal Aid or Legal Aid Office Rotterdam.
- Try mediation: UWV or Municipality of Rotterdam may offer solutions.
- Read more about Preliminary Relief, Objection UWV and Administrative Law Appeal.