A decision that has been taken can be withdrawn or amended under certain conditions. This depends on the nature of the decision and the specific situation.
Withdrawal of Positive Decisions
A decision that is in favour of the citizen (such as a permit or subsidy) can be withdrawn if:
- The recipient does not meet the stated requirements
- Incorrect information has been provided by the recipient
- The law or regulations have been amended
- The circumstances have changed significantly
Limitations on Withdrawal
An administrative authority cannot withdraw a decision without reason. There are several important principles:
| Principle | Explanation |
|---|---|
| Legal Certainty | Citizens must be able to rely on a decision |
| Legitimate Expectations Principle | Expectations that have been created must be respected |
| Proportionality Principle | The measure must be appropriate to the situation |
Retrospective Effect upon Withdrawal
Withdrawal with retrospective effect can only take place in case of:
- Deception or the provision of incorrect data
- An explicit statutory basis for retrospective effect
Amendment of Decisions
Amending a decision is possible:
- Upon request of the party concerned
- On the initiative of the administrative authority itself
- In case of a change in circumstances
Objecting to Withdrawal
The withdrawal of a decision constitutes a new decision. An objection can be lodged against it within six weeks.
Frequently Asked Questions about Withdrawal in Leiden
Can my permit be withdrawn without reason?
No, there must be a valid reason and the administrative authority must conduct a careful balancing of interests. Usually, you are first heard before a decision is withdrawn.
Am I required to repay a subsidy upon withdrawal?
This depends on the situation. In case of deception, repayment is often mandatory, but for other reasons not always.
Can I request an amendment of a decision?
Yes, you can submit a request for amendment. This is treated as a new application on which the administrative authority must decide.
Contact and Support in Leiden
For legal questions or support, you can contact the Juridisch Loket Leiden at Stationsweg 46. In addition, the District Court of The Hague, Leiden location handles cases relating to the withdrawal or amendment of decisions.