Private Detective licence appeals are a specialised area of the law. With private detectives in the Netherlands it is not unusual for issues to come up with regard to licensing. Private Detective licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated lawyer. The Justis Department (Judicial agency for Testing, Integrity and Screening) have wide reaching authority to revoke and refuse licences. Often you will have a right to object directly to the Licensing committee (Justis Department). There is a right of appeal to the District Court if the licensing committee (Justis Department) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State.
Decision deadline exceeded
If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.
You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.
Penalty when deciding late
If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).
How MR. VAN LEEUWEN (LL.M., ESQ) can help:
Private Detective or Company Licence Refused | Objection and Review
If you are facing private detective or company licence refuse, you need to think about making a Private Detective Licence Refuse Objection. Getting your licence refused can have a devastating effect on your career, your livelihood and your dependants.
Private Detective or Company Licence Revoked | Objection and Review
If you are facing private detective or company licence revocation, you need to think about making a Private Detective or Company Licence Revoked Objection. Getting your licence revoked can have a devastating effect on your career, your livelihood and your dependants.
Administrative procedural law (objections and appeal)
If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal
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.
Appeal and the appeal procedure
An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.
Appeal against a decision of an Administrative Court’s decision
In most cases, you can also lodge an appeal against the court’s decision with:
- The Central Appeals Tribunal
- The Trade and Industry Appeals Tribunal
- The Administrative Jurisdiction Division of the Council of State
Enforcement: Administrative Coercion, Administrative Penalties and Administrative Fines
Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.
Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.
An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.
Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.