This is an English translation. The original Dutch article is authoritative.
On 13 July 2015, the Advisory Division of the Council of State submitted unsolicited advice on the relationship between sanction systems in administrative law and criminal law. This advice was made public under the responsibility of the then Minister of Security and Justice by publication in the Government Gazette on 14 September 2015 (no. 30280).
By letter dated 8 January 2016, no. 717702, to the President of the House of Representatives of the States-General, the then Minister of Security and Justice gave a preliminary assessment of the advice and explained the process of drafting the further report.
This further report is now ready. We hereby present this report to you. The following policy intentions have been formulated in the further report:
- The integrated assessment framework (IAK) that applies to all policy and legislation will be expanded with an overview of all relevant factors for choosing an enforcement system.
- Statutory maximum fines in administrative law must already align with the fine categories of the Criminal Code (Sr) based on the Instructions for Legislation (Ar). This will be laid down by law.
- Existing administrative fine systems will be adjusted. Existing fine categories in criminal law can be further reconsidered if necessary.
- For future cases, statutory maximum fines in administrative law will be aligned with each other as much as possible. The obligation to do so will be anchored in the Ar.
- The fine amount in legislation with dual systems will be adjusted if necessary.
- In existing dual systems, the Public Prosecution Service (OM) and administrative bodies will coordinate their sentencing policy and fine policy respectively.
- In future dual systems, such coordination will also take place.
- Research will be conducted into the advantages and disadvantages of suspensive effect in the objection phase of certain fine decisions.
- The effects of provisional measures due to inability to pay will be investigated. It will be considered whether this gives cause for further information about payment arrangements.
- Limitation periods in the General Administrative Law Act (Awb) will be brought into line with periods in criminal law.
- An exploration will be carried out into the possibility of including imposed administrative fines in certain screenings for a certificate of conduct (VOG).
We intend to draft the expansion of the IAK and the necessary legislative proposals to amend the Awb in the course of 2018. The adjustment of fine systems in special laws is a matter for the ministers primarily responsible for the respective system. The intended studies will be tendered in 2018 so that the reports become available in the course of 2019.
The Minister of Justice and Security,
Ferd Grapperhaus
The Minister for Legal Protection,
Sander Dekker