National Ordinance Administrative Justice (Lar)
Governmental decisions are central to administrative law. For example, a decision in which an administrative body grants a benefit, rejects a residence permit, revokes a permit or takes enforcement action. If you disagree with a decision of an administrative body, have lodged an objection and it has been rejected, you can appeal to the administrative court.
Administrative law has various types of procedures, for example the appeal and provisional provision procedure.
Authorized representative
In an administrative procedure it is not mandatory to hire a lawyer, but it is allowed. If you are assisted by a lawyer, you do not need authorization.
Court fees / stamps
Simultaneously with the submission of the appeal / petition, an amount of Afl. 25, - court registry fee to be paid. The appeal / petition is free of stamps.
The Aruban Lar can be found on the website www.overheid.aw
1. Submit an appeal
After your objection has been rejected by the administrative body you can submit an appeal. The time limit for submitting an appeal is six weeks and starts on the day following that on which the decision on the appeal is dated (Article 27 of the Lar).
Below you will find a checklist that the notice of appeal must meet and which documents you must submit with the notice of appeal. The notice of appeal must be submitted in duplicate. If a third party is involved, the notice of appeal must be submitted in triplicate.
Content of an appeal / or petition:
- the name and first names of the appellant (in full) and of any authorized representative
- the appellant's or authorized representative's address (in the absence of a place of residence in Aruba, the appellant's actual residence must be stated)
- telephone number of the appellant and / or the authorized personal e-mail from the appellant and / or the authorized person
- clear reference to the article on which the appeal is based
- clear indication of the type of case (real, fictitious refusal, provisional provision, etc.)
- the ground (s) on which the appeal is based (in the case of no grounds pro forma)
- the name of the defendant (administrative body)
- the defendant's address
- for third party: name and address of the third party
- a signature by or on behalf of the appellant
- the date of the notice of appeal
Documents to be submitted:
a copy of the decision against which an appeal and of the related documents (including the notice of objection against the primary decision).
if the appellant is represented by an authorized representative (not being a lawyer): a written authorization, stating the name, first names and address of the authorized representative.
2. The defense
The court informs the administrative body and any other interested parties that you have started an appeal procedure. The administrative body is your counterparty (defendant) in this case. The court asks the administrative body to write a statement of defense and to send all documents of the case. The administrative body is not obliged to submit a statement of defense (Article 33, paragraph 3, Lar).
3. Seat
Your appeal is normally dealt with at a session. This is different if there is a case where the court can give a ruling immediately. For example: the appeal is apparently inadmissible.
All parties receive an invitation or call for the session. That invitation or call will state when (date) and where (location) the session takes place and when the administrative body can submit a statement of defense.
The judge makes a decision within 6 weeks after the hearing. If the judge needs more time, he will let you know. You will receive the ruling at home. If you have engaged a lawyer or an authorized representative, he will receive the decision.
You can appeal against a decision (Article 53a Lar).
4. Schorsing en voorlopige voorziening
Indien u een bezwaarschrift of een beroepschrift aanhangig heeft, kunt u aan het gerecht verzoeken om de beschikking of de beschikking op het bezwaarschift te schorsen of om een voorlopige voorziening vragen. Dit kan alleen indien de uitvoering van de beschikking of de beschikking op bezwaar voor u een onevenredig nadeel met zich mee zou brengen in verhouding tot het onmiddellijk te dienen belang.
Het gerecht bepaalt een datum waarop de zaak zal worden behandeld. Alle partijen ontvangen een oproep voor de zitting.