Dutch judicial-penalty provisions take effect with transitional protection for existing appeals

The 15 October decree commenced specified provisions on 16 October; courts can still set a reasonable decision deadline.

Netherlands · Judicial-penalty provisions commenced; transitional protection for existing appeals

A Dutch commencement decree published on 15 October 2026 brought Articles IA and IB of Official Gazette No. 315 into force on 16 October. They change remedies for delayed decisions on applications or objections under the Aliens Act 2000. IND described the reform as abolishing judicial penalty payments.[1][2][3]

New Article 71c requires the administrative court, when it finds a decision overdue, to order the minister to decide within a reasonable court-set period. The transitional rule preserves the former Article 71b and excludes new Article 71c for appeals where both the statutory decision period had expired and the applicant had lodged the late-decision appeal before commencement.[1]

The change therefore does not erase every existing remedy for every pending applicant. This partial commencement decree also does not bring the entire amending Act into force.[1][2]

Official sources

  1. Dutch Official Gazette 2026 No. 315: Articles IA, IB and V
  2. Dutch Official Gazette 2026 No. 320: partial commencement decree
  3. IND: 13 October explanation of judicial-penalty reform

This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.

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