Ultimum Remedium Procedure in Amsterdam
The ultimum remedium procedure is a special option in administrative law that allows an administrative authority, such as the Municipality of Amsterdam, to revise its own decision as a last resort. This applies only under strict conditions: no other legal remedies are available and the decision causes serious injustice. Amsterdam residents thus get a second chance without immediately going to court.
Why is this procedure important for Amsterdam?
In administrative law, legal certainty is key to stability and predictability, but injustice must be ruled out. The ultimum remedium procedure – literally 'last resort' – balances these interests. It is particularly useful when objection, appeal, or further appeal to the District Court of Amsterdam is no longer possible. The administrative authority can correct itself, saving time and money. This article builds on our overview of revision of a decision, focusing on Amsterdam-specific situations.
Legal Basis
The procedure is set out in Article 8:113 of the General Administrative Law Act (Awb) and lists three grounds for revision:
- Newly discovered facts or circumstances (paragraph 1(a)): Information that only became known after the decision and could not have been discovered earlier despite due care.
- Evident incorrectness (paragraph 1(b)): An evident mistake that could have been avoided through careful review.
- Disproportionately harsh consequences (paragraph 1(c)): The decision leads to extreme unjust hardship.
Crucial: it only applies if no appeal or further appeal is still available (ultimum remedium principle). Revision may result in withdrawal, amendment, or replacement of the decision.
Conditions and Steps in Amsterdam
A request must meet all requirements and be addressed to the relevant administrative authority, such as the Municipality of Amsterdam. No fixed form is required, but it must be submitted within a reasonable time after discovery.
- Submit Request: Send a motivated letter with supporting evidence to the authority. Specify the decision and the ground for revision.
- Assessment: The authority verifies the conditions, consults the parties involved, and decides.
- Decision: Within a reasonable time (weeks to months). You can appeal the decision to the District Court of Amsterdam.
Note: subsequent steps may involve court fees.
Comparison with Other Revision Options
| Ground | Description | Example in Amsterdam | Time Limit |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, clear error, or harshness | New medical report after denial of parking permit | Reasonable time |
| Art. 4:6 Awb (revocation of decision) | Change in circumstances | Income drop for social welfare benefit from Municipality of Amsterdam | No fixed term |
| Art. 8:68 Awb (revision ex officio) | Apparent unlawfulness | Obvious calculation error in fine decision | Ex officio |
Amsterdam Practice Examples
Example 1: New Medical Fact. The Municipality of Amsterdam denies a parking permit due to 'no medical necessity'. After the decision, new tests reveal a worsening condition. This qualifies as a new fact (Art. 8:113(a)); the permit is granted.
Example 2: Evident Incorrectness. A CJIB fine for speeding is based on the wrong license plate. The clear error leads to swift revision.
Example 3: Disproportionate Harshness. Terminating a social welfare benefit over a minor violation threatens to leave a single parent in Amsterdam homeless. The authority revises to avert this.
Rights and Obligations for Amsterdam Residents
Your Rights:
- Submit a request to the administrative authority.
- Right to a hearing and access to the case file.
- Appeal against rejection to the District Court of Amsterdam (Art. 8:1 Awb).
Your Obligations:
- Provide evidence supporting the ground.
- Act within a reasonable time (often 6 weeks to 1 year).
- Cooperate in the hearing.
The authority must provide proper reasoning and thorough review.
Frequently Asked Questions about Amsterdam
Can I combine ultimum remedium with an appeal to the District Court of Amsterdam?
No, only after all legal remedies have been exhausted. An ongoing procedure blocks revision.
How long does it take in Amsterdam?
No fixed term; expect 4-12 weeks. In urgent cases (e.g., harshness), you can request expedited handling from the Municipality of Amsterdam.
What if the request is rejected?
Appeal to the District Court of Amsterdam within 6 weeks. Support it with evidence showing why the rejection is wrong.
Do I need help?
Not required, but consult the Juridisch Loket Amsterdam for free advice, especially in complex cases.
Tips for Amsterdam Residents
- Gather Strong Evidence: Documents, witness statements, or reports from local experts.
- Act Quickly: The District Court of Amsterdam strictly enforces the reasonable time limit.
- Seek Local Advice: Contact the Juridisch Loket Amsterdam for guidance on your request to the Municipality of Amsterdam.