Choice Between Administrative and Criminal Enforcement in Rijswijk
In Rijswijk, administrative enforcement (under the General Administrative Law Act, Awb) competes with criminal law (under the Road Traffic Act, WVW, and the Dutch Criminal Code, WvSr). The Municipality of Rijswijk primarily opts for administrative fines for violations such as parking nuisances or environmental incidents in the Rijswijk industrial area. However, the Public Prosecution Service may take over in serious cases (Article 5:44 of the Awb). The principle of ne bis in idem (Article 68 of the Dutch Constitution) prevents double punishment, for example, in cases of repeated traffic offenses on the A4 near Rijswijk.
The legal qualification differs: administrative authorities assess objectively based on norm violations, whereas criminal law requires subjective intent. Administrative fines are more efficient for common violations in Rijswijk, such as illegal construction in neighborhoods or illegal waste dumping in the Delftse Hout area.
Agreements in Rijswijk's Policy
The local LAPD-Rijswijk (Guideline for Offender Approach) coordinates with regional partners. For environmental offenses in Rijswijk, such as those along the canal banks, criminal law takes priority in cases involving intent. Case law, including rulings by the Council of State on Rijswijk matters, harmonizes sanctions.
This dual-track policy in Rijswijk maximizes deterrence without overburdening local enforcement officers (BOAs) and the Haaglanden police unit.