Administrative Enforcement without Prior Decision in Den Haag
Administrative enforcement without a prior decision enables the Municipality of Den Haag to intervene swiftly in violations without a formal decision beforehand. This tool from administrative law is crucial in acute situations, such as health or safety risks in the city. It falls under Article 5:25 Awb and builds on urgent administrative enforcement. After the intervention, a decision is still issued, allowing Den Haag residents to lodge an objection with the District Court of Den Haag.
Legal Basis
The General Administrative Law Act (Awb), Section 5.3, governs administrative enforcement. Normally, a decision to impose administrative enforcement (Article 5:24 Awb) requires a careful procedure with hearing and opportunity to respond, including objection rights for citizens.
In exceptional cases, the Municipality of Den Haag applies administrative enforcement without a prior decision under Article 5:25(1) Awb. Strict conditions apply:
- Urgency: Immediate action is essential and delay undesirable (5:25(1)(a)).
- Unknown violator: The perpetrator is unknown or untraceable (sub b).
- Violator's inability: The violator cannot act immediately (sub c).
- Low costs: Minimal expenses, recoverable from the violator (sub d).
The municipality then promptly issues a subsequent decision (Article 5:25(2) Awb), addressed to the violator specifying costs and consequences. Objection is possible against this (Article 6:3 Awb) via the Den Haag Legal Aid Office.
When Does the Municipality of Den Haag Intervene?
Application is limited to urgent situations in Den Haag. In cases of urgency, the municipality must prove that waiting would cause irreversible harm, such as to public order, safety, or the environment in neighborhoods like Schilderswijk or Scheveningen. Afterward, the intervention must be justified; incorrect application can be overturned by the District Court of Den Haag.
Practical examples: For anonymous illegal dumping in Zuiderpark, the municipality cleans up immediately and later identifies the culprit. For minor interventions, like removing flyers from streetlights in Den Haag, no prior decision is needed.
Difference from Administrative Enforcement with Prior Decision
Here is an overview of the distinctions:
| Aspect | With prior decision (Art. 5:24 Awb) | Without prior decision (Art. 5:25 Awb) |
|---|---|---|
| Application | After formal decision | Immediately, followed by decision |
| Conditions | No urgency required | Urgency, unknown, inability, or low costs |
| Hearing and response | Required beforehand | Included afterward in decision |
| Objection option | Preliminary relief possible | Against subsequent decision |
| Cost recovery | Included in decision | Determined afterward |
Without a prior decision, there is less immediate protection, but the Awb safeguards this afterward.
Practical Examples in Den Haag
Example 1: Urgent situation. Asbestos dump in Clingendael: Municipality of Den Haag cleans up immediately to protect walkers. Later decision imposes costs (€5,000) on the violator.
Example 2: Unknown violator. Illegal posters on boards in central Den Haag: removed immediately. Upon identification via cameras, a fine decision follows.
Example 3: Low costs. Overstaying market stall on Haagse Markt: vehicle towed immediately (costs €150), invoice sent afterward.
These Den Haag cases demonstrate its effectiveness while preserving citizens' rights.
Rights and Obligations as a Den Haag Resident
Rights:
- Information: Immediate notification of the enforcement and subsequent decision (Article 5:25(2) Awb).
- Objection and appeal: Within 6 weeks against the decision (Article 6:7 Awb) to the District Court of Den Haag; request preliminary relief. Consult the Den Haag Legal Aid Office for free advice.
- Challenge costs: Prove innocence or unlawfulness.
Obligations:
- Prevent enforcement by acting promptly.
- Pay costs unless unjustified.
- Cooperate with investigations.
In case of unlawful enforcement: claim damages (Article 8:88 Awb) via the District Court of Den Haag.
Frequently Asked Questions
Can I prevent administrative enforcement without a decision in Den Haag?
Yes, by taking immediate action yourself and requesting enforcement to hold off. In genuine emergencies in Den Haag, this is difficult.
What if I dispute the costs?
File an objection against the decision with evidence. The District Court of Den Haag reviews strictly; get help from the Den Haag Legal Aid Office.
Must the Municipality of Den Haag always send a subsequent decision?
Yes, promptly. Otherwise, follow up or go to court for annulment.