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Supervision and enforcement

Individuals
Hospitality entrepreneurs
Retailers
Real estate owners

Governments supervise compliance with laws, regulations and permit conditions. These include building regulations, environmental regulations and usage regulations. If a supervisory authority finds that you are not complying with these rules, this can have serious consequences. You may be subject to an order subject to a penalty, administrative coercion or even a fine. The first two measures are intended to ensure that you stop the violation, while the fine is intended to punish you.

Supervision and enforcement therefore involve government monitoring and action in the event of a (possible) violation. This may take the form of an on-site inspection, a request for information or an enforcement decision. This often comes unexpectedly, and it is important to know immediately where you stand.

At Corten De Geer, we support individuals and companies in submitting opinions, objections and (higher) appeals against enforcement measures. In addition, we help prevent sanctions by providing targeted advice and negotiating with regulators to arrive at appropriate solutions.

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FAQ

What forms of enforcement are there?

The government can take various measures to stop or punish violations. For example, it can impose an order subject to a penalty for non-compliance, which obliges you to stop the violation on penalty of a financial penalty. In the case of an administrative coercive measure, the government intervenes itself to stop the violation, often at your expense. In addition, an administrative fine may be imposed as a punishment. A penalty order or administrative coercive measure is primarily intended to stop the violation, while a fine is imposed as a punishment.

What is an intention to enforce?

An intention to enforce is a written notification from the government that it intends to take enforcement measures. You can respond within the specified period by submitting your opinion.

Can I object to an enforcement decision?

You can object to an order subject to a penalty, administrative coercion decision or fine within six weeks to the administrative body that made the decision. If the objection is rejected, you can then lodge an appeal with the administrative court. After that, there is still the possibility of appealing to the Administrative Law Division of the Council of State.

Can I request the local authority to take enforcement action?

Yes, you can. If you suspect that someone is committing an offence, you can submit a request for enforcement. Only stakeholder parties can make such a request. The request must be specific and supported by evidence.

What is the principle of enforcement?

Government agencies have a legal principle of enforcement. This means that they are obliged to take action when violations are detected, unless there are compelling reasons not to do so. This prevents arbitrariness and ensures consistent supervision. Reasons for refraining from enforcement may be that it is disproportionate or that there is a prospect of legalising the violation, for example through a licence.

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