An ex officio decision is a decision taken independently by the government, without you having requested it. This can, for example, be a fine or an enforcement measure in Leiden.
What does an ex officio decision entail?
An ex officio decision is taken by an administrative authority, such as the municipality of Leiden, on its own initiative, without a prior application. The authority acts on its own responsibility.
Examples of ex officio decisions
| Category | Examples |
|---|---|
| Enforcement measures | Imposition of a penalty under penalty clause, application of administrative coercion |
| Penalty measures | Administrative sanction, revocation of a permit |
| Tax matters | Assessment notice, additional assessment notice |
| Adjustments | Revision of a previous decision |
Procedure for ex officio decisions
For ex officio decisions in Leiden, additional protective measures often apply:
- Submission of views: for negative decisions, you often first get the opportunity to give your opinion
- Mandatory hearing: you must be given the opportunity to be heard for far-reaching decisions
- Substantiation: the decision must be clear and well-motivated
Preliminary announcement of decisions
In some cases, you first receive an intention from the administrative authority in Leiden:
- You can respond with your views within a certain period
- The response period is usually 2 to 4 weeks
- The definitive decision follows thereafter
Submitting an objection in Leiden
You can object to an ex officio decision with the municipality of Leiden or another authority:
- This must be done within 6 weeks after the publication of the decision
- Submitting an objection usually does not suspend the execution
- In case of urgency, you can apply for an interim measure via the District Court of The Hague, location Leiden
Frequently asked questions about ex officio decisions
Is the government obliged to inform me before imposing a fine?
In many cases, yes. For most fines, you first receive an intention on which you can respond with views.
Can I object to an intention?
No, an intention is not yet an official decision. You can submit your views. Objection is only possible after the definitive decision.
Is a fine suspended if I object?
No, objecting does not automatically suspend the decision. For suspension, you must apply for an interim measure at the court.
Additional questions about ex officio decisions in Leiden
When can the government take a decision without hearing me?
In exceptional situations, such as acute safety risks or when your position is already known, the government can take a decision directly. Usually, however, you first receive an intention, especially for burdensome measures such as sanctions or permit revocations.
How long does the process of an ex officio decision take?
This depends on the situation. After an intention, you often have 2-4 weeks to respond. The definitive decision may then take a few more weeks. An objection must be submitted within 6 weeks after the decision.
What to do in case of disagreement with an intention?
You can submit views within the set period. Explain why you disagree and support this with evidence. The administrative authority in Leiden must seriously consider your input.
Can I prevent an ex officio decision?
In some cases, yes, by submitting a strong views in time or by entering into consultation with the municipality of Leiden to find a solution, for example by taking action yourself to prevent enforcement.
What distinguishes views from objection?
Views are a response to an intention, while objection is a formal procedure against a definitive decision. Views can influence the final decision; objection requests a review.
How do I apply for an interim measure?
This can be done at the District Court of The Hague, location Leiden. For legal assistance, you can contact the Juridisch Loket Leiden at Stationsweg 46.