Ultimum Remedium Procedure in Rotterdam
The ultimum remedium procedure gives Rotterdam residents a final opportunity to have an administrative decision reviewed by the relevant administrative authority, such as the Municipality of Rotterdam. This last resort is available only under strict conditions: when all other legal remedies have been exhausted and the decision causes serious injustice. This means you don't need to go straight to the Rotterdam District Court for a new case.
Why is the ultimum remedium procedure important for Rotterdam?
In Rotterdam's administrative law, legal certainty carries significant weight to ensure decisions remain predictable for residents and businesses in this port city. However, injustice must be prevented. The ultimum remedium procedure, or 'ultimate remedy', strikes that balance and protects against excessive harm from errors in decisions by local authorities such as the Municipality of Rotterdam.
Useful when objection, appeal, or further appeal is no longer possible. It gives the administrative authority a chance to correct itself, saving time and money for Rotterdam residents. This article builds on our overview of review of a decision, with a focus on local applications.
Legal basis
The procedure is set out in Article 8:113 of the General Administrative Law Act (Awb) and specifies three grounds for review:
- Newly discovered facts or changed circumstances (paragraph 1(a)): Information that only comes to light after the decision and could not have been known earlier despite due care.
- Manifest incorrectness (paragraph 1(b)): A clear error that could have been avoided with proper handling.
- Disproportionately harsh consequences (paragraph 1(c)): The decision causes disproportionate hardship.
Key point: only available when no appeal is possible (ultimum remedium). Review may result in revocation, amendment, or replacement of the decision.
Conditions and step-by-step guide
The request must meet all requirements. Address it to the Rotterdam administrative authority, such as the Municipality of Rotterdam. No fixed form, but within a reasonable period after discovery.
- Submit request: Send a motivated letter with evidence, referencing the decision and ground for review.
- Assessment: The authority checks the conditions, hears the parties involved, and decides.
- Decision: Within a reasonable time (weeks to months). You can appeal the decision to the Rotterdam District Court.
Be aware of possible court fees in subsequent proceedings.
Comparison with other review options
| Ground | Description | Rotterdam Example | Deadline |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, clear error, or hardship | New medical report for parking permit from Municipality of Rotterdam | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Drop in income for benefits from Municipality of Rotterdam | No fixed deadline |
| Art. 8:68 Awb (review on own motion) | Apparent illegality | Clear error in Rotterdam parking fine | On own motion |
Practical examples from Rotterdam
Example 1: New medical fact. The Municipality of Rotterdam denies your parking permit due to 'no medical need'. After the decision, a new report shows a worsening condition – new fact (Art. 8:113(a)). Review leads to approval.
Example 2: Manifest incorrectness. CJIB imposes a fine for speeding based on wrong license plate in a Rotterdam street. Swift review follows.
Example 3: Disproportionate hardship. Benefits suspension due to minor violation threatens homelessness for a single parent in Rotterdam. The authority reviews to prevent this.
Rights and obligations
Your rights as a Rotterdam resident:
- Submit request to the administrative authority.
- Right to a hearing and access to the file.
- Appeal against rejection to the Rotterdam District Court (Art. 8:1 Awb).
Your obligations:
- Provide evidence for the ground.
- Within a reasonable time (often 6 weeks to a year).
- Cooperate in the hearing.
The authority must provide proper reasoning and scrutiny.
Frequently asked questions
Can I combine ultimum remedium with an appeal?
No, only when all legal remedies are exhausted. An ongoing procedure blocks review.
How long does it take in Rotterdam?
No fixed deadline; expect 4-12 weeks. For urgent cases (hardship), press for expedited handling by the Municipality of Rotterdam.
What if it's rejected?
Appeal to the Rotterdam District Court within 6 weeks, with additional evidence and reasoning.
Do I need legal help?
Not always, but consult the Juridisch Loket Rotterdam for complex cases and drafting requests.
Tips for Rotterdam residents
- Gather strong evidence: Documents, witness statements, or reports in a Rotterdam context.
- Act quickly: Rotterdam District Court applies strict deadline checks.
- Seek advice: Start with Juridisch Loket Rotterdam for free assistance.
- Document everything: Keep records of correspondence with the Municipality of Rotterdam.