## Appeal Period in Administrative Law
The **appeal period in administrative law** is the legally defined period in which residents of Amsterdam or businesses in the city can file an appeal against a decision by an administrative body, such as the Municipality of Amsterdam. This period usually starts the day after receipt of the decision and typically lasts six weeks. If you're too late, the Amsterdam District Court can declare your appeal inadmissible, meaning the decision remains in effect. This article provides an explanation of how the appeal period works, with examples from Amsterdam practice and tips for local citizens.
### What is the Appeal Period in Administrative Law?
In administrative law, as a resident of Amsterdam, you have an **appeal period** to lodge an objection or appeal against government decisions, such as a denial of a parking permit, an environmental fine, or a benefits ruling. This strict deadline ensures legal certainty: the Municipality of Amsterdam needs to know where it stands quickly, while you get a fair chance to protect your interests.
The duration can vary, but the standard period for an appeal to the administrative court after an objection is six weeks. For an initial objection against a primary decision, it's often two months. We're focusing here on the appeal phase. Importantly, the clock starts from 'notification,' meaning when you receive the decision or it's officially published, for example, in the Municipality of Amsterdam's official gazette.
### Legal Basis of the Appeal Period
The **appeal period in administrative law** is governed by the *General Administrative Law Act (Awb)*. The core provision is **Article 6:7 Awb**, which sets six weeks for an appeal to the Amsterdam District Court. Article 6:12 Awb states that the period begins on the day after notification. For objections, see **Article 6:4 Awb**, which allows two months.
Some laws deviate, such as in social welfare cases with the SVB involving shorter periods, or in environmental law (Wabo) with longer ones for claims related to planning damage in Amsterdam neighborhoods. Under **Article 6:9 Awb**, you can restore a missed period if the delay wasn't your fault, such as due to illness or incorrect information from the Municipality of Amsterdam.
The Supreme Court and the Administrative Jurisdiction Division of the Council of State emphasize in rulings the strictness of these periods, except in exceptional circumstances, to maintain a reliable legal system in cities like Amsterdam.
### How to Calculate the Appeal Period?
Calculate the **appeal period** carefully from the date of notification. If you receive a decision from the Municipality of Amsterdam on March 1, it starts on March 2 and ends six weeks later on April 13. All days count, but if the deadline falls on a Saturday, Sunday, or public holiday, it shifts to the next business day (**Article 6:8 Awb**).
**Practical example from Amsterdam:** The Municipality of Amsterdam rejects your objection to a fine for cycling on the sidewalk on May 15. You receive the letter on May 17. The period runs from May 18 to June 29. Filing on June 30? It's late, unless you request restoration at the Amsterdam District Court.
If the decision is published in the Municipality of Amsterdam's official gazette, the period begins the next day, often with 14 days to retrieve it. Otherwise, publication counts as notification.
### Rights and Obligations Regarding the Appeal Period
As a resident of Amsterdam, you have the **right** to file an appeal within the period at the Amsterdam District Court for general matters, or escalate to the Council of State. Free advice is available at the Amsterdam Legal Aid Office. The Municipality of Amsterdam must inform you about the period in the decision (**Article 3:40 Awb**).
Your **obligation** is to submit on time, preferably in writing with supporting arguments and evidence. Otherwise, you can't proceed, except by requesting restoration within two weeks after the period ends (**Article 6:9 Awb**), where you must prove the fault wasn't yours.
- **Right to extension:** The Amsterdam District Court can extend the period in cases of force majeure.
- **Obligation to follow up:** If your appeal is incomplete, you often have a week to provide additional information.
### Practical Examples of the Appeal Period in Amsterdam
Example 1: **Social security decision.** The UWV denies your benefits claim on April 10; you receive the letter on April 12. After objection (two months), denial on June 20. Appeal: June 21 to August 1. An Amsterdam resident on a biking holiday who misses the mail can request restoration with evidence.
Example 2: **Environmental permit.** The Municipality of Amsterdam grants a permit for a new café in the Jordaan on July 5, published on July 7. You see it on July 10. Period: six weeks from July 8 to August 19. As a neighbor, you must prove your status as an interested party at the Amsterdam District Court.
Example 3: **Tax decision.** The Municipality of Amsterdam imposes a property tax assessment on September 1; you receive it on September 3. After objection denial on October 15. Appeal period: October 16 to November 27. A resident in Oud-Zuid who misses the deadline due to illness can try restoration via the Amsterdam Legal Aid Office.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.