Ultimum Remedium in Amsterdam Administrative Law
Ultimum remedium provides a last resort in administrative law to revise an irrevocable judgment of the Amsterdam District Court. This is only possible under strict conditions, such as newly discovered facts or gross procedural errors. The principle safeguards the stability of judicial decisions while offering a safety net for exceptional cases in the capital.
Why Ultimum Remedium for Residents of Amsterdam?
In Amsterdam administrative cases, such as decisions by the Municipality of Amsterdam on permits or benefits, procedures typically involve objection, appeal, and further appeal leading to a final judgment. This judgment is binding, but what if new evidence emerges later that renders the decision unjust? Ultimum remedium steps in as an exceptional solution without undermining the legal certainty of the Amsterdam District Court. This article builds on our overview of revising a judgment and focuses on local practices.
Legal Basis
The provision is set out in Article 8:119 of the General Administrative Law Act (Awb). An irrevocable judgment of the Amsterdam District Court may be revised by the same court or the judicial body to which it belongs. For the Administrative Jurisdiction Division of the Council of State, Article 8:120 Awb applies.
Revision requires strict grounds:
- new facts or circumstances that could not have been known at the time of the judgment;
- abuse of right, such as fraud;
- incompatibility with a treaty of the Netherlands that entered into force later; or
- conflicts with a new law.
The application must be filed with the Amsterdam District Court within three months of discovering the ground, with possible extension by the court.
Conditions for Granting
Newly Discovered Facts
These facts must be decisive and not previously traceable. For example, a late-emerging document in an Amsterdam construction case.
Procedural Errors and Abuse
This includes fraud or forged documents. The Amsterdam District Court assesses the impact on the judgment.
| Aspect | Regular Appeal | Ultimum Remedium (Art. 8:119 Awb) |
|---|---|---|
| Availability | Within deadlines (6 weeks) | Only after irrevocable judgment of Amsterdam District Court |
| Conditions | Breach of principles | New facts, abuse, etc. |
| Deadline | Fixed | 3 months after awareness |
| Effect | Preliminary suspension possible | No interim relief |
Procedure at Amsterdam District Court Step by Step
- Application: File with Amsterdam District Court in writing, with evidence.
- Review: Court checks conditions; hearing optional.
- Judgment: Revision, annulment, or dismissal; new case if granted.
- Costs: Court fee (€357 in 2023), reimbursable if successful.
Average duration: 6-12 months, depending on the case.
Amsterdam Examples
Example 1: Lost appeal against refusal of a building permit for a canal house by the Municipality of Amsterdam. A withheld environmental report later surfaces – suitable for ultimum remedium.
Example 2: Benefits decision based on falsified Municipality of Amsterdam data. Proving fraud leads to revision.
Example 3: No: Self-withheld information does not count as a new fact.
Rights and Obligations in Amsterdam
- Right to Apply: For any interested party, including against the Municipality of Amsterdam.
- Burden of Proof: You provide the evidence.
- No Suspension: Judgment remains enforceable.
- Legal Assistance: Not mandatory, but consult the Amsterdam Legal Aid Office or Council for Legal Aid for subsidized help.
Frequently Asked Questions
Can I apply for ultimum remedium with new lawyer arguments?
No, only objective new facts; no reinterpretations.
Deadline missed at Amsterdam District Court?
Court may extend for good reason; file immediately with explanation.
Is the judgment immediately invalid?
Only if granted; otherwise it stands.
Does it differ at Amsterdam District Court?
Uniform under Awb; Council of State has Art. 8:120.
Tips for Residents of Amsterdam
- Gather all evidence immediately.
- Contact the Amsterdam Legal Aid Office for free advice.
- Consider an administrative law attorney for complex cases.
- Check Municipality of Amsterdam archives for new information.