Ultimum Remedium Procedure
The ultimum remedium procedure offers residents of Tilburg a final opportunity to request review of an administrative decision by the relevant authority, such as the Municipality of Tilburg. This is only available under strict conditions: when all other legal remedies have been exhausted and the decision causes serious injustice. This helps prevent new court cases at the District Court of Zeeland-West-Brabant in Breda.
Why is this procedure important for Tilburg residents?
Administrative law is about legal certainty, ensuring decisions remain predictable for citizens and businesses in Tilburg. But injustice must be corrected. The ultimum remedium procedure, or 'last resort', balances these interests. It is essential when objection, appeal, or further appeal is no longer possible, giving the administrative body a chance to correct itself – saving time and money. This article builds on our overview of review of a decision, with a focus on local Tilburg situations.
Legal Basis
This procedure is set out in Article 8:113 of the General Administrative Law Act (Awb) and specifies three grounds for review:
- Newly discovered facts or changed circumstances (section 1(a)): Information that only came to light later and could not have been discovered earlier despite due care.
- Clear inaccuracy (section 1(b)): A manifest error that could have been avoided with careful examination.
- Disproportionately severe consequences (section 1(c)): The decision causes disproportionate hardship.
Key point: it applies only when no appeal is available (ultimum remedium). Review may result in revocation, amendment, or replacement of the decision.
Conditions and Steps in Tilburg
A request will only succeed if all requirements are met. Address it to the authority that issued the decision, such as the Municipality of Tilburg. No prescribed form, but act within a reasonable timeframe after discovery.
- Submit Request: Send a motivated letter with evidence, referencing the decision and the ground for review.
- Assessment: The authority checks the conditions, consults parties involved, and decides.
- Decision: Expect it within weeks to months. You can appeal the outcome to the District Court of Zeeland-West-Brabant (Breda location).
Be aware of possible court fees in later stages. For advice: contact the Juridisch Loket Tilburg.
Comparison with Other Options
| Ground | Description | Example | Timeframe |
|---|---|---|---|
| Art. 8:113 Awb (ultimum remedium) | New fact, clear error, or excessive hardship | New medical report for Tilburg parking permit | Reasonable time |
| Art. 4:6 Awb (revocation) | Changed circumstances | Income change for social assistance from Municipality of Tilburg | No fixed term |
| Art. 8:68 Awb (ex officio review) | Apparent illegality | Obvious calculation error in fine | Ex officio |
Local Examples from Tilburg
Example 1: New Medical Fact. The Municipality of Tilburg denies your parking permit due to 'no medical need'. A later report shows a worsening condition – a new fact (Art. 8:113(1)(a)). Review leads to approval.
Example 2: Manifest Error. A CJIB fine for speeding in Tilburg is based on the wrong license plate. This clear flaw justifies swift review.
Example 3: Disproportionate Impact. A welfare suspension for a minor violation threatens a single parent in Tilburg with homelessness. The authority reviews to prevent this.
Rights and Obligations
Your Rights as a Tilburg Resident:
- Submit a request to the administrative body.
- Right to a hearing and access to the file.
- Appeal against refusal to the District Court of Zeeland-West-Brabant (Art. 8:1 Awb).
Your Obligations:
- Provide evidence for the review ground.
- Act within a reasonable time (typically 6 weeks to one year).
- Participate in the hearing.
The authority must provide well-reasoned and careful handling.
Frequently Asked Questions
Can I combine ultimum remedium with an appeal in Tilburg?
No, only after all legal remedies are exhausted. An ongoing procedure blocks review.
How long does it take in practice?
No fixed duration; expect 4-12 weeks. In urgent Tilburg cases, push for expedited handling, especially for hardship.
What if it's rejected?
Appeal within 6 weeks to the District Court of Zeeland-West-Brabant in Breda, with additional evidence and reasoning.
Do I need legal help?
Not always, but consult Juridisch Loket Tilburg for free initial advice in complex cases.
Tips for Tilburg Residents
- Build Evidence: Gather documents, witness statements, or local expert reports.
- Act Promptly: Courts scrutinize the timeframe critically.
- Local Advice: Start with Juridisch Loket Tilburg or the Municipality of Tilburg for guidance.