Expedited Procedure at Leiden District Court
The expedited procedure at the Leiden District Court, also known as summary proceedings or preliminary relief, provides an accelerated legal route to avert immediate risk of serious harm. For Leiden residents in social security matters, you submit this request to the administrative judge when a decision by the UWV or the Municipality of Leiden urgently needs to be suspended, such as the termination of a benefit.
When to opt for an expedited procedure in Leiden?
In Leiden and surrounding areas, residents often face urgent decisions with immediate consequences, such as the suspension of unemployment (WW), disability (WIA), or social assistance benefits by the UWV or the Municipality of Leiden. A standard procedure can take months, leading to financial hardship. The expedited procedure offers help: the judge at the Leiden District Court can order preliminary relief, for example by suspending the decision or granting a temporary advance payment.
Essential is the pressing interest: there must be an immediate and irreparable risk. Consider a Leiden resident whose benefit ends on August 1 with no savings. A typical case: an unemployed person from the Leiden region suddenly loses WW benefits due to a UWV error. Without intervention, rent problems in the city or mounting debts loom.
Legal basis
This procedure is governed by the General Administrative Law Act (Awb), specifically articles 8:81 to 8:83 Awb. You can request preliminary relief from the administrative judge at the Leiden District Court if:
- Delaying the main proceedings causes disproportionate harm;
- Urgency can be demonstrated.
In social security, this aligns with laws such as the Participation Act (art. 46) and the WIA. The Leiden District Court, administrative division, handles these cases. Thanks to the Act on Improving Labor Market Participation (2020), processing is even faster for Leiden residents.
Step by step: requesting expedited procedure at Leiden District Court
The procedure begins with a petition. Follow these steps for Leiden:
- File an objection: Against UWV or municipal decisions within 6 weeks.
- Submit the request: Describe the decision, the urgent interest, and your desired outcome (e.g., maintaining the benefit). Attach evidence, such as bank statements.
- File at Leiden District Court: Electronically via Rechtspraak.nl or by mail. Expect a court fee of €182 (individuals, 2024).
- Hearing: Often within 2-4 weeks in Leiden; you and the UWV are heard.
- Ruling: Within one week after the hearing.
In Leiden, you can get free advice from Het Juridisch Loket Leiden or engage a lawyer. Low-income individuals qualify for subsidized legal aid via the Council for Legal Aid.
Practical examples for Leiden residents in social security
Example 1: Ms. Jansen from Leiden has received social assistance from the Municipality of Leiden for years. The UWV abruptly stops her benefit due to 'earning capacity.' After filing an objection, she requests expedited relief at the Leiden District Court: the decision is suspended, and the benefit continues.
Example 2: Mr. De Vries from the Leiden region, on WIA benefits, challenges a reassessment. The Leiden District Court awards an advance of 70% to secure his income.
This illustrates how the procedure protects basic needs for Leiden residents.
Rights and obligations
Rights:
- Priority and swift resolution at the Leiden District Court.
- Both parties are heard; UWV must respond.
- If denied? Possible cost reimbursement if you win the main case.
Obligations:
- Prove urgency with documents.
- Pay the court fee (waiver possible on request).
- Preliminary measure may be adjusted later.
Comparison: expedited vs. regular procedure
| Aspect | Expedited procedure | Regular procedure |
|---|---|---|
| Duration | 2-4 weeks | 6-12 months |
| Court fee | €182 | €91 (first instance) |
| Outcome | Preliminary | Final decision |
| Urgency | Required | Not required |
Frequently asked questions
Can I request expedited relief without an objection in Leiden?
No, usually file an objection first (art. 8:81 Awb). In pure emergencies: check with Het Juridisch Loket Leiden.
What if denied by Leiden District Court?
Proceed with the main case; denial is not binding. Appeal possible.
Do I need a lawyer?
Not always, but recommended. Het Juridisch Loket Leiden assists with preparation.
Repayment if I win?
Yes, arrears with possible interest, if main case won.
Tips for Leiden residents
- Act quickly: Take action within days of the decision.
- Document everything: Keep letters, bank statements, medical certificates.
- Check legal aid: Via Het Juridisch Loket Leiden for free help.
- Try mediation: UWV or Municipality of Leiden may offer solutions.
- Read our article on Requesting preliminary relief. Related: UWV objection and Administrative law appeal.