Ultimum Remedium in Administrative Law for Tilburg Residents
Ultimum remedium is the last resort in administrative law to revise a final judicial decision. For residents of Tilburg, this applies under strict conditions, such as newly discovered facts or gross procedural errors by the District Court of Zeeland-West-Brabant in Breda. It safeguards the stability of judgments while providing a safety net for exceptional cases.
Why Ultimum Remedium Matters for Tilburg
In Tilburg, many administrative law cases involve objections to decisions by the Municipality of Tilburg, such as building permits or benefits, proceeding through objection, appeal, and further appeal to a final ruling. This binds the parties, but what if new information emerges later that changes everything? Ultimum remedium prevents injustice without undermining legal certainty. This article explains the procedure, supplementing our overview of judgment revisions, with a focus on local Tilburg practice.
Legal Basis
The rules are set out in Article 8:119 Awb. An irrevocable judgment by the District Court of Zeeland-West-Brabant (Breda) or an administrative body may be revised by the same court or tribunal. For the Administrative Jurisdiction Division of the Council of State, Article 8:120 Awb applies.
Revision is only permitted in cases of:
- new facts or circumstances that could not have been known at the time of the judgment;
- abuse of rights;
- conflict with a treaty that later entered into force and binds the Netherlands; or
- consistency with a law that has recently entered into force.
The application must be filed within three months of discovery, though the court may grant an extension.
Conditions for Application
New Facts in Tilburg Cases
Crucial is that the facts are decisive and could not have emerged earlier. For example, a late-discovered document relating to a Tilburg building project.
Errors and Fraud
Abuse includes deception or forged documents. The court assesses the impact on the judgment.
| Aspect | Regular Appeal | Ultimum Remedium (Art. 8:119 Awb) |
|---|---|---|
| Availability | Within 6 weeks | Only after irrevocable judgment |
| Conditions | Breach of good administration | New facts, abuse, etc. |
| Time Limit | Fixed | 3 months after discovery |
| Effect | Suspension possible | No interim suspension |
Procedure in Steps for Tilburg
- Filing: In writing with the District Court of Zeeland-West-Brabant (Breda) or Council of State, including evidence.
- Review: Court checks conditions; hearing optional.
- Decision: Revision, annulment, or dismissal; if successful, a new case follows.
- Costs: Court fee (€357 in 2023); success may lead to reimbursement.
Average waiting time: 6-12 months.
Tilburg Examples
Example 1: Objection to a building permit in Tilburg city center lost? Later, it turns out the Municipality of Tilburg withheld a report. New fact qualifying for ultimum remedium.
Example 2: Benefits denied based on false municipal information. Proof of fraud opens the door to revision.
Example 3: No: Self-withheld information does not count as new.
Rights and Obligations
- Right: Anyone, including the Municipality of Tilburg, may apply.
- Obligation: Provide evidence.
- No Suspension: The judgment remains in effect.
- Assistance: Lawyer not always required; start at Juridisch Loket Tilburg for free advice or subsidized legal aid.
Frequently Asked Questions
Can you use ultimum remedium for new arguments?
No, only objective new facts; not revised legal positions.
Missed the three-month deadline?
Court may extend for valid reasons; file promptly with explanation.
Does it invalidate the judgment immediately?
Only if granted; otherwise, it stands and the case reopens.
Differences at District Court Zeeland-West-Brabant?
Uniform Awb rules; Council of State has Art. 8:120.
Tips for Tilburg Residents
- Gather all evidence immediately.
- Consult Juridisch Loket Tilburg for initial advice.
- Check Municipality of Tilburg decisions for errors.
- Consider legal aid via the Council for Legal Aid.
- Act quickly to meet deadlines.