Bezwaarprocedure

Bezwaarprocedure is the formal process in Dutch administrative law for challenging decisions taken by government authorities. It is a central part of the Algemene wet bestuursrecht (Awb) and is designed to give individuals and organizations an opportunity to have a decision reviewed internally before going to court.

The procedure covers many types of administrative decisions, such as permits, subsidies, taxes, benefits, enforcement orders, and other rulings by public bodies. The person affected or their representative can file a bezwaarschrift (notice of objection) within the statutory period, typically six weeks, though the period can vary depending on the applicable law. The objection is addressed to the authority that issued the decision, which examines the grounds and any supporting evidence and then issues a new decision (besluit op bezwaar).

The outcome of the objection can be to uphold, modify, or reverse the original decision. If the objection is rejected or the result is unsatisfactory, the next step is usually to file a beroep (appeal) with the administrative court (typically the Rechtbank) within a set period after the decision on bezwaar. Depending on the type of case, hoger beroep (appeal to a higher court) and possibly cassatie may be available on points of law.

Practical aspects include potential suspension of the original decision’s effects, either by statutory provisions or by provisional measures granted in the course of the objection or appeal. The bezwaarprocedure serves to ensure due process, transparency, and the legality of administrative decisions.