An appeal is the document with which you submit a case to the administrative judge. It must meet specific conditions to be valid.
What must be included in an appeal?
A valid appeal contains the following elements:
- Full name and address details of the appellant
- Date of filing
- Description of the decision against which you are appealing
- Arguments why you disagree with the decision
- Signature of the appellant
- Attached copy of the objection decision
Where can you file an appeal in Leiden?
An appeal can be filed in various ways:
- Online via the rechtspraak.nl website (log in with DigiD)
- By post to District Court of The Hague, Leiden Location
- Hand in person at the court registry
Structure of an appeal
| Section | Contents |
|---|---|
| Address line | Addressed to District Court of The Hague, Leiden Location, administrative law sector |
| Introduction | Mention of the decision and the date of the objection decision |
| Reasons | Explanation why the decision is incorrect |
| Request to the judge | What you expect from the court |
| Attachments | Copies of the objection decision and supporting documents |
Important arguments for appeal
A strong appeal is based on points such as:
- Incorrect interpretation of legislation
- Insufficient substantiation of the decision
- Breach of principles of good administration
- Incorrect determination of the facts
- Negligence in the preparation of the decision
Filing a pro forma appeal
If you need more time, you can file a provisional appeal. The court will then set a deadline to supplement your arguments later.
Frequently asked questions about appeals
May I add new arguments that were not in the objection?
Yes, during the appeal you can raise new grounds. The judge reviews the entire decision anew.
Do I have to pay the court fee immediately?
No, the court sends a payment request. You usually have 4 weeks to comply.
What if I cannot pay the court fee?
If you have a low income, you can request exemption. Contact the registry for more information.
Practical questions and answers
How much time do I have to file an appeal?
You have 6 weeks from the date of the objection decision to lodge an appeal. This deadline is strict; late filing may lead to inadmissibility. If in doubt, you can file a pro forma appeal and supplement it later.
What if I forget a part of the appeal?
If essential parts are missing (such as a signature or copy of the decision), the court often gives a short period to supplement it. Make sure to arrange this quickly to avoid delays.
Is a lawyer needed for an appeal?
No, you can draft an appeal yourself. A lawyer is not required in administrative law cases, but legal assistance can be useful in complex matters. In Leiden, for example, you can go to the Juridisch Loket Leiden, Stationsweg 46, for advice.
At which court should I file my case?
Usually, the objection decision indicates which court is competent. For Leiden, this is often District Court of The Hague, Leiden Location. If unclear, contact the registry.
What are the costs for filing an appeal?
The court fee for administrative law cases varies between €50 and €500 (2023 rates). After filing, you will receive a payment request from the court. In case of financial problems, you can apply for exemption with proof of income.
Can I still amend my appeal after filing?
Yes, within the deadline set by the court, you can make additions, such as extra arguments or evidence. Submit these in writing to the registry and state that it is a supplement.
What is the difference between a pro forma and a full appeal?
A pro forma appeal is a short notice that you are appealing, without detailed reasons. Use this to meet the deadline, after which you can expand the content later.