A decision that has been taken can be withdrawn or amended under certain conditions. This depends on the nature of the decision and the specific situation.
Withdrawal of Positive Decisions
A positive decision, such as a permit or subsidy, can be withdrawn under the following circumstances:
- The recipient does not meet the imposed requirements
- Incorrect or misleading information has been provided
- The law or regulations have been amended
- The situation has significantly changed
Limitations on Withdrawal
An administrative authority may not withdraw a decision without reason. Several important principles apply:
| Principle | Explanation |
|---|---|
| Legal Certainty | The citizen must be able to rely on a decision that has been taken |
| Legitimate Expectations Principle | Expectations that have been created must be honoured |
| Proportionality | The withdrawal must be proportionate to the violation |
Retrospective Effect upon Withdrawal
Withdrawal with retrospective effect can only take place in specific cases:
- In case of fraud or providing incorrect information
- If there is a statutory basis for retrospective effect
Amendment of Decisions
A decision can be amended in the following situations:
- At the request of the party concerned
- On the initiative of the administrative authority itself
- Due to changes in circumstances
Objecting to Withdrawal
The withdrawal of a decision is itself also a decision. You have 6 weeks to lodge an objection against it.
Frequently Asked Questions
Can my permit be withdrawn without reason?
No, there must be a valid reason and the administrative authority must carefully weigh the interests. In addition, you are usually heard first before a withdrawal takes place.
Am I obliged to repay a subsidy upon withdrawal?
This depends on the reason for the withdrawal. In case of fraud, repayment is often mandatory, but for other reasons not always.
Can I request an amendment of a decision?
Yes, you can submit a request for amendment of a decision. This is treated as a new application on which the administrative authority must decide.
Contact and Locations in Utrecht
For legal questions or support, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht