The proportionality principle in enforcement
The proportionality principle, laid down in article 3:4 Awb, forms a crucial criterion in the choice and imposition of enforcement measures. This principle requires that the measure be suitable, necessary and balanced in proportion to the objective and the violation. Administrative authorities must weigh whether a milder intervention is possible before proceeding to administrative coercion or fines.
In the application, the severity of the violation plays a role, as do the circumstances of the violator, such as economic damage or health effects. Case law of the Administrative Jurisdiction Division of the Council of State emphasizes that an excessively heavy measure may be null and void. Examples include suspending an administrative order subject to a penalty payment if voluntary remediation suffices.
Application in practice
Steps in the proportionality assessment: (1) purpose of the norm, (2) intensity of the infringement, (3) alternatives, (4) proportionality. This prevents arbitrariness and safeguards legal certainty. In environmental violations, environmental damage is often weighed against business costs.
The principle binds the administration and provides the violator with objection and appeal possibilities. Recent case law, such as ECLI:NL:RVS:2022:1234, illustrates that insufficient reasoning leads to annulment of the decision.