12.05 · Practice Domain

The Bibob Act, Integrity Screening & Public-Sector Licensing

When a mayor, municipality or other security authority intervenes because of integrity investigations by administrative authorities concerning licences, subsidies, property transactions or other public decisions, the limits of its powers and the need to act promptly are decisive. You receive an administrative-law approach focused on the factual basis, proportionality, procedure and a transparent and verifiable assessment that properly weighs integrity risks, facts and proportionality.

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Legal-strategic perspective

The Bibob Act, Integrity Screening & Public-Sector Licensing concerns integrity investigations by administrative authorities concerning licences, subsidies, property transactions or other public decisions. The relevant Dutch statute is the Public Administration (Probity Screening) Act (Wet Bibob). A Bibob integrity assessment is an administrative screening procedure and does not itself establish a criminal conviction. The central question is not merely whether an administrative authority is pursuing a safety or enforcement objective, but whether the particular statutory power exists and may be exercised on the basis of sufficiently current and verifiable facts. The Dutch Bibob Act and its scope, The administrative authority's own investigation and Advice from the National Bibob Bureau must therefore be assessed together with the conditions governing the power, the reasons given, fundamental rights, proportionality and the applicable local or statutory framework. Van Leeuwen Law Firm reconstructs the administrative case file and identifies which legal or factual assumptions are open to challenge.

10

10 key subthemes

These ten themes are the substantive anchors for legal analysis, governance, decision-making, execution and assurance.

  1. 01The Dutch Bibob Act and its scope
  2. 02The administrative authority's own investigation
  3. 03Advice from the National Bibob Bureau
  4. 04Business relationships and associations
  5. 05Financing and source of funds
  6. 06Criminal offences and suspicions
  7. 07Degree of danger
  8. 08Refusal or withdrawal of a permit
  9. 09Representations and access to the case file
  10. 10Proportionality, objection and appeal
Strategic depth

From 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

Scope and investigations by the authority

The Dutch Bibob Act and its scopeThe administrative authority's own investigationAdvice from the National Bibob Bureau

Within The Bibob Act, Integrity Screening & Public-Sector Licensing, The Dutch Bibob Act and its scope, The administrative authority's own investigation and Advice from the National Bibob Bureau 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

Relationships, financing and factual basis

Business relationships and associationsFinancing and source of fundsCriminal offences and suspicions

Within The Bibob Act, Integrity Screening & Public-Sector Licensing, Business relationships and associations, Financing and source of funds and Criminal offences and suspicions 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

Degree of danger and administrative consequences

Degree of dangerRefusal or withdrawal of a permit

Within The Bibob Act, Integrity Screening & Public-Sector Licensing, Degree of danger and Refusal or withdrawal of a permit 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

Representations, proportionality and legal protection

Representations and access to the case fileProportionality, objection and appeal

Within The Bibob Act, Integrity Screening & Public-Sector Licensing, Representations and access to the case file and Proportionality, objection and appeal 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.

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