Actueel

Appeal procedures

Both in the Netherlands and Flanders, institutions can lodge an appeal against (initial) accreditation decisions taken by NVAO. The situation and especially the figures given below, refer to the situation of 8th March, 2007.

Appeal procedure in the Netherlands

Prior to taking a final decision concerning an application for (initial) accreditation, NVAO will inform the institution of its ‘intended decision’. The institution then has two weeks’ time to react. Subsequently, NVAO will take its final decision.
As a consequence of the General Administrative Act (Awb), an institution can lodge an internal appeal against a NVAO decision. To lodge an internal appeal, the party concerned submits an appeal to NVAO. Apart from this Act, the ‘Procedure on Internal Appeal Awb NVAO’ is also applicable.

To handle internal appeals, NVAO has set up an external advisory commission. This ‘Commission for internal appeal’ provides advice to NVAO on which decision to take concerning the internal appeal upon which NVAO will take its decision. If the subsequent decision is negative, the institution can take this further by lodging an external appeal against this decision with the Administrative Jurisdiction Department of the Council of State.

Appeal procedure in Flanders

Before the four months’ term for NVAO to take a final decision expires, NVAO will send a draft (initial) accreditation report to the institution concerned. For applications for accreditation, the institution has a term of fifteen calendar days during which it can decide to lodge an internal appeal against the draft report. In the case of initial accreditation, the institution has ten calendar days to lodge an internal appeal against the draft report. However, remarks of a technical nature can be submitted to NVAO at all times.
‘The Procedure Regulation concerning Internal Appeal against Intended Decisions and Draft Reports of the Accreditation Organisation of the Netherlands and Flanders’ lays down the procedure for lodging an internal appeal.
An internal appeal needs to be forwarded to NVAO in the form of a ‘response notification’. The institution can enclose other relevant documents with the response notification. All these documents are submitted together and entered in an inventory.
To handle an objection, NVAO appoints an advisory commission of members, independent of NVAO, consisting of a chair who is a legal advisor and two educational experts. After the response notification is declared admissible, a hearing is organised with the Executive Board of the institution and NVAO. Based on its conclusions, the commission provides advice to NVAO within a term of fourteen calendar days, taking effect the day after the hearing. NVAO will take its decision based on the commission’s advice.
The four months’ term within which NVAO has to take its final decision, will be extended to six months if the internal appeal was declared admissible and presented to the advisory commission.

In Flanders, institutions can also lodge an external appeal against a decision taken by NVAO with the Council of State of Belgium. However, before lodging an external appeal with the Council of State, an institution can also lodge an external appeal with the Flemish Government. Although the Flemish Government cannot take NVAO’s place in taking an independent decision concerning accreditation, it can annul a decision taken by NVAO.