Categorie: Administrative Enforcement Public Law

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction. The administrative fine is only exceptionally imposed when environmental law is breached and the consequences cannot, or not easily, be reversed; for example, in the event of illegal felling of a tree. In addition to the administrative fine, there are also other punishing sanctions, such as the entire or partial withdrawal of a favourable decision.

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

An order for administrative coercion can be imposed if a shed has been illegally constructed, therefore without permission. The Board of Mayor and Aldermen can chose to have the building demolished, if the offender does not do so within the period set.