The Proportionality Principle in Enforcement in Rijswijk
The proportionality principle, as laid down in Article 3:4 of the General Administrative Law Act (Awb), constitutes a crucial criterion in the selection and imposition of enforcement measures by the Municipality of Rijswijk. This principle requires that the measure be suitable, necessary, and balanced in relation to the objective and the infringement. The municipality must assess whether a less severe intervention is possible before resorting to administrative coercion or fines, for instance in cases of violations in districts such as Innen or Steenvoorde.
In its application, the severity of the infringement plays a role, as do the circumstances of the offender, such as economic damage to local entrepreneurs on Generaal Spoorlaan or health effects for residents near Rijswijkse Bos. Case law from the Administrative Jurisdiction Division of the Council of State emphasizes that an excessively severe measure may be nullified. Examples in Rijswijk include the suspension of an order subject to a penalty in cases of voluntary remediation of illegal constructions in the historic center.
Application in Practice in Rijswijk
Steps in the proportionality assessment: (1) objective of the norm, (2) intensity of the infringement, (3) alternatives such as warnings by the Rijswijk enforcement service, (4) proportionality. This prevents arbitrariness and ensures legal certainty. In cases of environmental violations in industrial areas, such as around Rijswijk station, the municipality often weighs environmental damage against business costs for local SMEs.
The principle binds the Rijswijk authorities and provides offenders with opportunities for objection and appeal at the District Court of The Hague. Recent case law, such as ECLI:NL:RVS:2022:1234, illustrates that insufficient reasoning leads to the annulment of the decision, compelling the municipality to exercise careful consideration in matters such as parking violations or construction without a permit.