Administrative fines and remedial sanctions imposed by various administrative bodies are an often-used tool by the government. Here’s a summary and clarification of the key points.
Punitive Sanctions (Administrative Fines)
Nature: Punitive sanctions, such as administrative fines, are common in administrative law.
Examples of Offenses: Breaches of administrative law regulations, licensing violations, employing illegal aliens, violations of various acts such as the act on financial supervision, fines based on violation of Money Laundering and Terrorist Financing Act (in Dutch: Wwft).
Objection Period: If an administrative fine is imposed, there is a six-week period to lodge an objection; otherwise, the fine becomes irrevocable.
Legal Assistance: Legal assistance from professionals, such as Jasper Hagers from Fennek Advocaten, can be sought to evaluate the worthiness of objecting or appealing.
Nature: Remedial sanctions can feel like a form of punishment and may include orders for periodic penalty payments (cease and desist orders), orders for administrative coercive action, license revocation, or subsidy reduction.
Cease and Desist Order: Issued to compel the cessation of a violation within a specified compliance period; failure to comply results in penalty payments.
Administrative Coercive Order: Similar to cease and desist orders but allows the government body to take direct action to terminate the violation if the entity fails to comply within the set period.
Legal Options: It is advisable to contact legal specialists to study various legal options against penalties, forfeiture of penalty payments, or challenging orders.
Costs and Consequences: Costs associated with administrative coercion may be recovered from the entity, and far-reaching consequences, such as demolition of structures, may occur.
Legal Assistance from Jasper Hagers
Consultation: Entities facing administrative fines or proposed decisions can approach Jasper Hagers for assistance.
Evaluation: Jasper Hagers will evaluate the case, considering expected results versus costs involved in legal proceedings.
Action Against Orders: Legal experts can help challenge orders, dispute breaches, identify defects in orders, or negotiate compromises with enforcing administrative bodies.