A decision by the municipality, UWV or another government body can have a direct impact on your income or daily life. Arslan Advocaten in Rotterdam helps to assess an objection, an appeal and possible urgent proceedings. Send the complete decision and state when you received it.
Discuss your situation with Arslan Advocaten. Mention it immediately if a time limit is approaching.
Received a government decision: check the route first
Not every message from a government body is a decision against which the same procedure is available. An intention, a request for information, a refusal and a decision on objection each have a different meaning. So read the whole letter, including attachments and the passage on objection or appeal. That information is the starting point for the assessment.
In many cases a time limit of six weeks applies, but there are exceptions and the calculation of the time limit deserves attention. Do not wait until the last day. Note the date, dispatch and receipt, and keep the envelope or the digital message. If in doubt, have it checked immediately which step is needed to preserve your rights.
It must also be clear who took the decision. A decision you receive as a resident of Rotterdam does not have to come from the Municipality of Rotterdam. With UWV or another body, a different submission route may apply. So do not submit a response only to the organisation that seems most obvious to you.
Objection to the Municipality of Rotterdam
The municipality provides its own information on objections for various subjects. On the page objections to the Municipality of Rotterdam you can view the routes. Use the route that belongs to your decision and check which documents must be enclosed. Keep a confirmation of receipt and the final version submitted.
A telephone conversation can be useful to get an explanation, but it does not automatically replace a notice of objection. A complaint about how you were treated is also something different from an objection to the content of a decision. If you want to challenge both the outcome and the way your case was handled, those questions may have to be pursued through different routes.
We discuss what you want to achieve with the objection. Do you want a refusal to be reconsidered, an amount to be recalculated or a measure to be withdrawn? A clear goal helps to select the arguments. The assessment must match the decision and the rules that apply to it.
What makes an objection useful in substance?
An objection is stronger when it is clear which facts are incorrect, which information is missing and why the reasoning is insufficient. For each point, refer to a document or a concrete event. General dissatisfaction may be understandable, but it does not yet tell the assessor which part of the decision must change.
Also look at the file on which the government relies. A report, calculation or record may contain assumptions that you must be able to check. Ask for missing documents and record which information you provided earlier. Do not send as many documents as possible at random; make sure it is clear why each document is relevant.
A hypothetical example: a decision assumes that you did not respond to a request for information. You do, however, have a confirmation of receipt. That confirmation is then a concrete point of reference for the assessment. This does not yet settle the substantive outcome, but a factual inaccuracy can be discussed in a targeted way.
Benefits, recovery and financial consequences
A decision about income can cause immediate payment problems. So indicate whether a benefit has been terminated, an amount is being recovered or a fine has been imposed. Those elements can raise different legal questions. It must be possible to check a calculation separately from the legal basis.
Gather the decision, earlier awards, requests for information and the information you provided. Make a timeline of what was reported and when. If circumstances are disputed, evidence about the relevant period is important. A current situation does not always say enough about the period to which the recovery relates.
In UWV cases, medical or labour expert assessments may play a role. Indicate which part you dispute and which reports are available. See also objection to UWV and disputes about social assistance (bijstand). Which expertise and documents are needed is determined per file.
Hearing: prepare the key points
At a hearing you are given the opportunity to explain your objection. Prepare a short structure: what is the decision, what do you think is incorrect and what are you asking for? Bring important documents and know which questions are still unanswered. A long repetition of all correspondence helps less than a focused explanation.
Discuss in advance which facts you can and cannot confirm. If you do not know something, it is better to say so than to speculate. Ask for clarification if a new assertion or a document you do not know is raised. Afterwards, record which commitments or additional information were discussed.
A hearing can also offer room to explore a practical solution. That does not mean that you should give up your objection or claims without further assessment. Make clear what a proposal involves and whether it can actually be implemented before proceedings are ended.
Objection rejected: is an appeal worthwhile?
After a decision on objection, it must be assessed again which points are still open. The government may have supplemented its reasoning or acknowledged certain facts. The notice of appeal must match that new decision and not merely repeat the original objection.
The Dutch judiciary (Rechtspraak) explains the administrative appeal procedure. Which court has jurisdiction depends on the type of decision and other connecting factors. You cannot assume where the case must be filed solely on the basis of where you live.
We discuss the promising arguments, what is at stake and the costs. Proceedings can provide clarity, but they take time and involve risks. Moreover, the annulment of a decision does not in all cases mean that the outcome you want follows immediately. Sometimes a new decision has to be taken.
Urgency: an objection usually does not suspend the decision
A decision can have consequences while an objection or appeal is still pending. If those consequences cannot be awaited, provisional relief (voorlopige voorziening) can be considered. Pending main proceedings and a sufficiently urgent interest are important for this. An urgent application is no automatic guarantee that the decision will be put on hold.
Substantiate what concretely threatens to happen and when. Think of the enforcement of a measure or consequences for essential means of subsistence. Add evidence and describe why a later decision would not help enough. The Dutch judiciary (Rechtspraak) explains provisional relief.
Also have any other routes checked. Sometimes contact about enforcement or a temporary arrangement is possible. That must, however, be recorded; an unconfirmed statement by telephone is no guarantee that enforcement will stop. The main proceedings and their time limits continue to require separate attention.
Costs and contact with our office in Rotterdam
For the first assessment, bring the decision, attachments, earlier correspondence and your main question. Mention every running time limit. We discuss what assistance is needed: assessment, objection, support at the hearing or appeal. That makes it clear what falls within the engagement and who takes action.
Reimbursement of costs by the government is not a given and does not automatically cover all actual costs. Subsidised legal aid is also subject to conditions. We discuss the financing, any court fee and external costs before a course of action is agreed. The financial interest and the practical consequences are taken into account in choosing the approach.
You can contact Arslan Advocaten in Rotterdam. You will find more background on our page on administrative law. If a time limit is approaching, the most important first step is to have the complete decision assessed; do not wait until all additional documents have been collected.
Frequently asked questions about administrative law in Rotterdam
Is a complaint the same as an objection?
No. A complaint is usually about the way someone acted or how you were treated. An objection is directed against a decision. Both questions can arise side by side and follow different routes.
How much time do I have to lodge an objection?
Often six weeks, but check the specific rules and how the time limit is calculated. Forward the complete decision immediately if the time limit is unclear or about to expire.
Does enforcement stop if I lodge an objection?
Usually not automatically. In urgent cases, it can be considered whether provisional relief or a confirmed temporary arrangement on enforcement is needed.
Can I also come to you about a UWV decision?
Yes, we can assess your question and the decision. State whether the dispute is medical, labour-related or financial in nature, so that it becomes clear which documents and expertise are needed.
Will my lawyer’s fees be reimbursed if I win?
Not automatically in full. An award of legal costs is subject to conditions and often fixed-rate amounts. The possible reimbursement and your own costs are discussed in advance.
Request an assessment of your situation. We discuss the next steps and the arrangements on costs.