Authority versus Obligation in Rijswijk
Under the administrative law of Rijswijk, the principle of 'authority but no obligation' to enforce applies, as confirmed in Article 5:1 of the General Administrative Law Act (Awb). The municipality of Rijswijk has discretionary authority but must justify its decisions based on proportionality and due care, for instance, in cases of violations in districts such as Innen or Oud-Rijswijk. Exceptions exist for mandatory legal norms, such as acute dangers to public health around Delftse Hout or industrial zones.
The Council of State applies the 'comprehensive duty to provide reasoning': the executive board (college of mayor and aldermen) of Rijswijk must explain why less stringent measures, such as warnings for illegal constructions, are not taken, or why enforcement is omitted for temporary markets. This prevents passivity in cases of structural violations, such as parking nuisances in the city center.
Borderline Cases in Rijswijk
In cases of minor violations, such as minor littering issues in residential areas, inaction may be justified, provided it is internally documented in Rijswijk's enforcement policy. For repeated non-compliance, such as noise pollution from hospitality venues on Herenstraat, enforcement is mandatory. Case law (ECLI:NL:RVS:2021:567) and local cases emphasize that the municipality's policy rules do not provide a blank check for non-enforcement.
Offenders may demand enforcement through the administrative court if the executive board acts unlawfully or is negligent, such as in cases of slow response times to reports via Rijswijk Meldt. This balance ensures both enforcement and legal protection within the municipality.