Ex nunc-toetsing
Ex nunc assessment
Ex nunc review is a judicial assessment of an administrative decision whereby the facts and circumstances are evaluated as they stand at the time of the judgment.
In Dutch administrative law, particularly in the field of immigration and asylum law, ex nunc review entails that the court examines the lawfulness of the contested decision by reference to the situation prevailing at the time of its judgment. This means that new facts, amendments to legislation, or changes in the personal circumstances of the individual concerned are taken into account.
This approach to review is significant in that it prevents a decision from being upheld on the basis of outdated information. It enables the court to reach a current and equitable determination, thereby strengthening the effectiveness of legal protection.
In practice, ex nunc review is frequently applied by the courts and the Administrative Jurisdiction Division of the Council of State in proceedings relating to residence permits, where developments arising after the initial decision are often relevant.
“The court applied an ex nunc review and took into account the recent change in asylum policy when assessing the appeal.”
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