bezwaarfase

Bezwararfase is the period during which a person or legal entity affected by a decision of a public authority can file a formal objection (bezwaar) with the original decision maker. It is a phase in the Dutch administrative decision-making process designed to allow reconsideration of a decision before it becomes binding.

Who can file and what they can file against

Anyone who has an interest that is affected by the decision can file an objection. The ground for objection can relate to legal, factual, or procedural issues in the decision. The objection is directed to the authority that issued the decision.

Term and procedure

Objections must typically be submitted within six weeks of the date on which the decision was communicated, unless the decision itself specifies another term. The objection is usually made by submitting a bezwaarschrift (objection letter) to the same authority, detailing the grounds and desired outcome. Many authorities allow digital submissions. The decision on the objection is separate from the original decision and is issued by the same authority. During bezwaarfase, the original decision generally remains in effect unless the authority suspends it or the objector seeks provisional relief through a court.

Outcome and next steps

If the objection is upheld, the authority may amend or revoke the decision. If the objection is rejected, the objector typically retains the right to appeal to a higher court (such as the administrative court or the Council of State) within a further six weeks after the objection decision, according to the relevant statute. The bezwaarfase thus provides an internal check before any formal judicial review.