Abstract
This chapter introduces the remedies against silence of the administration in the Netherlands and provides data on the functioning of these remedies in practice. Single-case decisions requested by an interested party shall be taken within the time limit prescribed by statutory regulation or within a reasonable period, normally eight weeks. Three consequences of untimely decision-making by public authorities are distinguished. Firstly, an interested party can lodge an appeal with the administrative law court to order the administrative body to take a decision, as soon as the time period has expired and two weeks have passed since the interested party sent the administrative authority a written notice of default. Secondly, when these conditions are met, a penalty is forfeited for each day that no decision is taken. Thirdly and alternatively, a fictitious positive decision is deemed to have been taken. The chapter discusses the legal and practical consequences of these remedies.
| Original language | English |
|---|---|
| Title of host publication | The Sound of Silence in European Administrative Law |
| Editors | Dacian C. Dragos, Polonca Kovac, Hanna D. Tolsma |
| Place of Publication | Cham |
| Publisher | Palgrave MacMillan |
| Chapter | 6 |
| Pages | 179-212 |
| Number of pages | 34 |
| ISBN (Electronic) | 978-3-030-45227-8 |
| ISBN (Print) | 978-3-030-45226-1 |
| DOIs | |
| Publication status | Published - 2020 |