In a recent, unrequested, advice the Council of State has drawn the government’s attention to the legal protection of citizens given administrative penalties. Since 1980 the Council of State has issued such ‘spontaneous’ advice only twice before.

While initially administrative penalties were intended just for minor, common and simple offences, these days the administrative penalties imposed are frequently hefty – an example are the sizable penalties that the SZW Inspectorate can impose under the Foreign Nationals (Employment) Act on companies. This is why the Council of State recommends harmonizing criminal law and administrative law in terms of legal protection and the legal position of citizens, and reinforcing that position where necessary.

For more information, please contact Bram van Melle.