Ultimum Remedium Procedure in Utrecht
The ultimum remedium procedure is a special option in administrative law that allows an administrative authority, such as the Municipality of Utrecht, to revise its own decision as a last resort. This applies only under strict conditions: when all other legal remedies are exhausted and the decision causes serious injustice. For Utrecht residents, it offers a quick correction without having to go straight to the District Court of Utrecht.
Why this procedure for Utrecht?
Legal certainty is central in administrative law, ensuring decisions remain predictable for residents and businesses in Utrecht. But injustice must be prevented. The ultimum remedium procedure – literally 'last resort' – balances these aspects and protects against excessive harm from errors in local decisions, such as those by the Municipality of Utrecht.
Useful when objection, appeal or further appeal is no longer possible. The authority gets a second chance to fix it itself, saving time and money for Utrecht residents. This article builds on our piece about revision of decisions, with a focus on Utrecht.
Legal basis
Regulated in Article 8:113 Awb, with three grounds for revision:
- New facts or changed circumstances (paragraph 1a): Information that emerges later and was unknown earlier despite due care.
- Evident error (paragraph 1b): Obvious mistake that could have been avoided with proper diligence.
- Disproportionate hardship (paragraph 1c): The decision causes disproportionate suffering.
Crucial: only if no further appeal is possible (ultimum remedium). Revision can result in revocation, amendment or replacement of the decision.
Conditions and steps in Utrecht
Submit a request to the relevant authority, such as the Municipality of Utrecht. No fixed form, but within a reasonable period after discovery.
- Submit request: Letter with explanation, evidence and reference to the decision.
- Assessment: Authority reviews conditions, hears parties involved and decides.
- Decision: Within weeks to months. Appeal against the revision decision at the District Court of Utrecht.
Not free; court fees may apply in later stages.
Comparison of revision options
| Ground | Description | Example | Time Limit |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, evident error or hardship | New medical report after decision | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Income drop in Utrecht welfare case | No fixed term |
| Art. 8:68 Awb (ex officio) | Apparent illegality | Obvious calculation error in fine | Ex officio |
Utrecht practice examples
Example 1: New medical info. Refusal of parking permit in Utrecht due to 'no necessity'. Later new report on illness: new fact (art. 8:113a). Municipality of Utrecht revises and approves.
Example 2: Clear error. CJIB fine for speeding with wrong license plate in Utrecht. Obvious mistake; quick revision.
Example 3: Extreme hardship. Welfare suspension due to minor violation leads to eviction for elderly parent with children in Utrecht. Authority revises to halt the crisis.
Rights and obligations
Your rights as a Utrecht resident:
- Submit request to the authority, such as Municipality of Utrecht.
- Right to a hearing and access to the file.
- Appeal against refusal at the District Court of Utrecht (art. 8:1 Awb).
Your obligations:
- Provide evidence.
- Within a reasonable time (often 6 weeks to 1 year).
- Attend the hearing.
The authority must provide a well-reasoned decision.
Frequently asked questions
Can I use ultimum remedium alongside an appeal?
No, only if no legal remedies are pending. An appeal blocks it.
How long does it take in Utrecht?
No fixed deadline; expect 4-12 weeks. Urge action for urgency via Het Juridisch Loket Utrecht.
Refusal? What next?
Appeal within 6 weeks at the District Court of Utrecht. Add extra evidence.
Do I need a lawyer?
Not always, but advisable for complexity. Start at Het Juridisch Loket Utrecht for free advice.
Tips for Utrecht residents
- Gather strong evidence: Documents, witnesses or expert opinions on Utrecht matters.
- Act quickly: The District Court of Utrecht scrutinizes deadlines; don't delay.
- Seek help: From Het Juridisch Loket Utrecht for guidance.