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If an application for inclusion in the BIG-register is declined and the applicant does not agree with this decision, he or she can appeal. If the applicant is still not satisfied, he or she can take the matter to a civil court and request a judicial review.
Appeals All decisions are covered by the terms of the Algemene wet bestuursrecht (General Administrative Law Act; Awb), which requires decisions to be reviewed at the request of the applicant. Information about the procedure and whom to address the appeal to is included in the letter informing you of the decision.
This review will be conducted by the Department of Legislation and Legal Affairs (WJZ) of the Ministry of VWS. Advice will be sought from the internal review commission (Awb). An opportunity for you to present your standpoint will be provided during the hearing. The official who prepared the original decision will also be asked to explain the motivation for the decision. The appeals commission will then produce its recommendations. The final decision is made by the Director of WJZ, acting for the minister. You will be notified of the final decision and will receive a copy of the commission’s report.
Judicial review If you disagree with the decision on appeal, you are entitled to take the matter to a civil court and request a ‘judicial review’. Information about the procedure is included in the letter informing you of the appeal. If still not satisfied with the court’s decision, you can pursue the matter to the highest court in the Netherlands, the Council of State.
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