Ultimum Remedium in Administrative Law for Rotterdam
Ultimum remedium in administrative law is the last resort for revising an irrevocable judicial decision, particularly relevant for Rotterdam residents in disputes with the Municipality of Rotterdam or other local authorities. It applies only under extremely strict conditions, such as newly discovered facts or gross procedural errors. The principle ensures stability in decisions while providing a safety net for exceptional cases in this port city.
Why Ultimum Remedium Matters for Rotterdam Residents
In Rotterdam administrative cases, such as objections to permits or benefits, proceedings often end with a final ruling from the Rotterdam District Court. This ruling is binding, but what if new evidence emerges later that changes everything? Ultimum remedium prevents injustice without undermining legal certainty. This article, building on our overview of revising a judgment, explains the practice in Rotterdam.
Legal Basis
The provision is set out in Article 8:119 of the General Administrative Law Act (Awb). An irrevocable decision by the Rotterdam District Court or an administrative body may be revised by the same court or the judicial body to which it belongs. For the Administrative Jurisdiction Division of the Council of State, Article 8:120 Awb applies.
Revision is permitted only in cases of:
- newly discovered facts or circumstances that could not possibly have been known at the time of the ruling;
- abuse of authority;
- conflict with a treaty that later entered into force and by which the Netherlands is bound; or
- consistency with a law introduced later.
The application must be filed within three months of discovery, unless the court grants an extension.
Conditions for a Successful Application
Newly Discovered Facts in a Rotterdam Context
Crucial is that the facts are decisive and could not have emerged earlier. For example, a late-emerging report on a Rotterdam port project.
Errors and Fraud
Abuse includes deception or forged documents. The Rotterdam District Court verifies whether this affected the outcome.
| Aspect | Regular Appeal | Ultimum Remedium (Art. 8:119 Awb) |
|---|---|---|
| Availability | Within 6 weeks | Only after irrevocability |
| Conditions | Breach of good administration | New facts, abuse, etc. |
| Time Limit | Fixed | 3 months after discovery |
| Effect | Provisional mirroring | No interim suspension |
Procedure in Steps at Rotterdam District Court
- Filing: In writing to the Rotterdam District Court with evidence, possibly via Juridisch Loket Rotterdam for assistance.
- Review: The judge checks conditions, often without a hearing.
- Ruling: Revision, annulment, or dismissal; if successful, a new case.
- Costs: Court fee (€357 in 2023), reimbursable if successful.
Average wait time: 6-12 months, depending on the case.
Rotterdam Case Examples
Example 1: Lost appeal against a building permit from the Municipality of Rotterdam for a port project. A secret report later surfaces: new fact for ultimum remedium.
Example 2: Benefits decision based on official fraud; evidence leads to revision by Rotterdam District Court.
Example 3: No: Self-concealed information does not count as new.
Rights and Obligations for Rotterdam Residents
- Right to Apply: For any interested party, including the Municipality of Rotterdam.
- Burden of Proof: You must provide hard evidence.
- No Suspension: Original decision remains in effect.
- Assistance: Lawyer optional, but consult Juridisch Loket Rotterdam or the Council for Legal Aid for subsidized support.
Frequently Asked Questions about Rotterdam
Can I use ultimum remedium for new arguments?
No, only objective new facts, not revised legal opinions.
Too late after three months?
The court may extend for good reason; apply immediately to Rotterdam District Court.
Is the ruling immediately invalid?
Only if granted; otherwise it stands, and the case reopens.
Differences per court in the region?
Awb rules are uniform, but start with Rotterdam District Court for local matters.
Tips for Rotterdam Residents
- Gather all evidence immediately and note dates.
- Call Juridisch Loket Rotterdam for free initial advice (010-233 0 500).
- Consider an administrative law attorney for complex port or permit cases.
- Act quickly: three months from discovery.
- Check updates on rechtspraak.nl for Rotterdam rulings.