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.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

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.

Administrative Fine

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.

BAS A.S. VAN LEEUWEN, ATTORNEY

MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ.), attorney at law, assists clients with criminal matters, administrative supervision and enforcement cases, and internal and external investigations. Cases involving accusations of fraud, bribery, money laundering, corruption or violations, financial mismanagement, of international sanctions seriously disrupt a client’s operations and damage their reputation. At a client’s request, MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ.) can conduct internal investigations, advice, litigate and negotiate with regulators and the Public Prosecution Service. The attorney delivers swift solutions that address the underlying problems for urgent matters. Sometimes, his clients are injured by non-compliant conduct; sometimes they find themselves accused of the same.