Strategic depthFrom substantive anchors to governable choices
The four blocks below connect the ten page-specific subthemes with materiality, decision-making, governance, execution and the evidential position your organisation may later need to defend.
01
Statutory basis of powers and local rules
Section 172 of the Dutch Municipalities Act and general public-order enforcementThe mayor's power to issue ordersMunicipal by-laws (APV) and local public-order rules
Within Public Order, Mayoral Powers & Municipal Enforcement, Section 172 of the Dutch Municipalities Act and general public-order enforcement, The mayor's power to issue orders and Municipal by-laws (APV) and local public-order rules must be considered in light of the precise statutory basis of the authority's powers and the specific administrative case file. Van Leeuwen Law Firm examines the factual basis, conditions for exercising the power, reasons given, necessity, proportionality, subsidiarity and relevant procedural safeguards. At the same time, it identifies which response is time-critical: representations, dialogue with the authority, an administrative objection, an application for interim relief, an appeal or a combination of these. In this way, an intrusive safety or enforcement measure is reduced to reviewable legal questions and a litigation strategy that effectively protects the client's position.
02
Enforcement, factual basis and proportionality
Administrative enforcement action and orders subject to a penalty paymentFactual basis and administrative reportsProportionality and subsidiarity
Within Public Order, Mayoral Powers & Municipal Enforcement, Administrative enforcement action and orders subject to a penalty payment, Factual basis and administrative reports and Proportionality and subsidiarity must be considered in light of the precise statutory basis of the authority's powers and the specific administrative case file. Van Leeuwen Law Firm examines the factual basis, conditions for exercising the power, reasons given, necessity, proportionality, subsidiarity and relevant procedural safeguards. At the same time, it identifies which response is time-critical: representations, dialogue with the authority, an administrative objection, an application for interim relief, an appeal or a combination of these. In this way, an intrusive safety or enforcement measure is reduced to reviewable legal questions and a litigation strategy that effectively protects the client's position.
03
Procedural safeguards and fundamental rights
Duty to hear and opportunity to submit representationsFundamental rights and freedom of movement
Within Public Order, Mayoral Powers & Municipal Enforcement, Duty to hear and opportunity to submit representations and Fundamental rights and freedom of movement must be considered in light of the precise statutory basis of the authority's powers and the specific administrative case file. Van Leeuwen Law Firm examines the factual basis, conditions for exercising the power, reasons given, necessity, proportionality, subsidiarity and relevant procedural safeguards. At the same time, it identifies which response is time-critical: representations, dialogue with the authority, an administrative objection, an application for interim relief, an appeal or a combination of these. In this way, an intrusive safety or enforcement measure is reduced to reviewable legal questions and a litigation strategy that effectively protects the client's position.
04
Reasons and effective legal protection
Duties to give reasons and exercise due careAdministrative objections and urgent judicial protection
Within Public Order, Mayoral Powers & Municipal Enforcement, Duties to give reasons and exercise due care and Administrative objections and urgent judicial protection must be considered in light of the precise statutory basis of the authority's powers and the specific administrative case file. Van Leeuwen Law Firm examines the factual basis, conditions for exercising the power, reasons given, necessity, proportionality, subsidiarity and relevant procedural safeguards. At the same time, it identifies which response is time-critical: representations, dialogue with the authority, an administrative objection, an application for interim relief, an appeal or a combination of these. In this way, an intrusive safety or enforcement measure is reduced to reviewable legal questions and a litigation strategy that effectively protects the client's position.
