Are you involved in a UWV procedure or an objection against a government decision, and do you want your own lawyer through your legal expenses insurance? Free choice of lawyer can also apply in certain administrative procedures. It is not always necessary for legal representation to be mandatory by law. Do check first whether the subject is covered, and record the procedural stage and cost arrangements in writing.
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Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Do you have questions about your own situation? Get in touch.
A UWV dismissal procedure
A procedure in which the UWV, the Dutch employee insurance agency, assesses whether to grant permission for dismissal is something different from a first conversation with your employer. In the Massar case, the Court of Justice ruled on free choice in the UWV dismissal procedure: C-460/14.
Send the insurer your employer’s application, the UWV correspondence and the final date for your response. Ask for a decision on external representation for that specific procedure. Simply referring to “employment law” or “dismissal” does not make clear which stage and which work are at issue.
Objection against a decision
An objection stage can also fall within the European concept of an administrative procedure. The Büyüktipi case concerned an objection in a care needs assessment matter: C-5/15. That judgment supports the view that free choice does not only begin once the case is before a court.
This does not mean that every conversation with a public authority is automatically an insured procedure. The decision, the procedure and the policy cover all have to be looked at. A benefits dispute, a permit case or an enforcement matter may fall under a different module or be excluded.
Appeal and interim relief
When appealing against a government decision, it must be clear which work the instruction covers. An application for interim relief (voorlopige voorziening) can be a separate urgent procedure with its own costs. Also ask whether a further appeal falls under the same instruction and how much of the cost ceiling has already been used.
The legal expenses insurer’s decision does not change the deadline in the administrative case. Check the notice of available remedies in the decision. Many deadlines in administrative law are six weeks, but there are exceptions. So do not automatically apply one deadline to every case.
Negotiation before a procedure
The limits of free choice in an early, out-of-court stage call for care. The opinion of the Advocate General of 26 June 2026, ECLI:NL:PHR:2026:653, discusses a delineation based on a procedure that can objectively be expected. This is an opinion and not a judgment of the Supreme Court.
You should therefore ask for an assessment based on your specific stage and current case law. A general right to reimbursement of any lawyer of your own choosing from the very first advice meeting cannot simply be assumed.
Costs and instruction
Choosing your own lawyer is not the same as unlimited reimbursement. Ask for confirmation of the remaining cost ceiling, any personal contribution, agreed rates and reimbursement of experts or court fees. Have it recorded who gives the instruction and who pays if cover is later disputed.
Arslan can align the insurance question with the substantive procedure. In doing so, the discussion about funding must not be allowed to jeopardise the deadline for a defence, objection or appeal.
Frequently asked questions
Does legal representation have to be mandatory for free choice to apply?
No. The absence of mandatory legal representation does not in itself exclude the right in the procedures to which it applies.
Is every contact with the UWV a procedure?
No. An information meeting, a benefit application, a dismissal procedure and an objection are different situations.
Can I have an objection lodged in the meantime?
If a deadline is approaching, a protective step may be necessary. Discuss the substance and costs straight away; do not wait passively for the insurer.
Is an administrative law case always covered?
No. The module and any exclusions need to be checked.
Read also about legal expenses insurance in dismissal cases and a refusal of cover.
Have your right to your own lawyer in a UWV procedure, objection or appeal assessed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
