The government is obliged to make a decision on your request within a fixed period. If this does not happen, you can take action. Discover which deadlines apply and what to do in case of delay in Utrecht.
Statutory Deadlines for Decisions
According to the General Administrative Law Act (Awb), the following deadlines apply:
| Circumstance | Period |
|---|---|
| Standard (no specific rule) | 8 weeks after receipt of the request |
| Specific legislation | Period as stated in that law |
| Policy rules | Period as laid down in the policy rule |
Suspension of the Deadline
The decision deadline may be temporarily suspended in the following cases:
- If your application is not complete (time to supplement)
- If you yourself request an extension
- If the administrative authority needs to obtain data from abroad
- If you agree to an extension
Extension of the Decision Deadline
The administrative authority may extend the deadline by a maximum of 8 weeks. This must be notified to you in writing before the expiry of the original period.
What to Do in Case of Delay: Notice of Default
If the government does not decide on time, you can serve a notice of default:
- Write a letter in which you put the administrative authority in default
- The authority then has 2 weeks to make a decision
- If there is still no decision, a penalty payment is imposed
- You can also lodge an appeal directly due to the failure to make a decision
Penalty Payment for Late Decision
After a notice of default and the expiry of 2 weeks, the following rates apply:
- € 23 per day for the first 14 days
- € 35 per day for the next 14 days
- € 45 per day for the subsequent days
- Maximum amount: € 1.442
Frequently Asked Questions about Decision Deadlines
When does the decision deadline start?
The period starts the day after receipt of your complete application by the administrative authority.
Can I claim a penalty payment and lodge an appeal?
Yes, both options are possible. The penalty payment serves as an incentive for a decision, while an appeal can lead to a judgment by the court.
Is the penalty payment scheme always applicable?
No, there are exceptions, such as asylum applications and certain other procedures.
Local Information Utrecht
For legal support in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht