The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced. The Administrative body does not offer the possibility of submitting an objection digitally. The Administrative body shall respond to the notice of objection in writing, stating its position with respect to the objection.

To advise the Board correctly on this matter, the Advisory Committee for notices of objection has been established. The Committee also has the task of providing the parties concerned (those filing the objection, possible third parties and the Administrative body) with a hearing, followed by a public recommendation to the Board concerning the decision to be taken about the objection. On the basis of the contested decision, the notice of objection, the response to the objection and the recommendation of the Advisory Committee, the Administrative body will decide on the objection. This decision is announced to the parties concerned and is published in the prescribed fashion.

The original decision remains in force during the objection procedure. In the meantime, irreparable consequences could arise for the interested parties. To prevent this, they can request the Provision Judge of the Administrative Court for an interim provision. As a rule, this means that the court can suspend the decision to which the objection was made for as long as objection procedure lasts. In that case, the decision is no longer in force.

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