The Algemene wet bestuursrecht (the General Administrative Law Act, hereafter: Awb) states that any party whose interests are directly affected by a decision (hereafter: interested party) has the right to appeal against a decision.
An interested party can only submit an appeal to the MEB if this appeal concerns a decision made by the MEB. The interested party has the right to appeal for a period of six weeks after the day on which the decision was announced in the legally prescribed manner. The appeal must be signed and must include the name and address of the submitting party, as well as the date and a description of the decision against which the appeal is being submitted. The grounds of appeal must also be presented.
The MEB has tasked several members of the MEB and MEB officials with the preparations that precede a decision concerning the appeal. Together they form the Appeals Committee.
The main rule is that the governing body to which an appeal has been submitted gives the interested party the opportunity to be heard (art. 7:2 Awb). The interested party can opt for an opportunity to be heard, in the form of a hearing, or to submit his/her views in writing to the MEB.
The Appeals Committee advises the MEB about the decision to be made on the appeal. The MEB will make the decision during the MEB meeting.
On average, the MEB will make a decision on an appeal within three months. The parties involved in an appeal are often unable to appear at a hearing at short notice and a decision on the appeal must be placed on the agenda for the MEB meeting, which takes place only once a month.
The MEB has drafted the Policy document Bezwaarschriftenprocedure (Appeal Procedure), the Reglement Bezwaarschriftencommissie (Regulations of the Appeals Committee) and the Benoemingsbesluit Bezwaarschriftencommissie (Appointment Decision of the Appeals Committee) for the appeals procedure.