Enforcement measures that are imposed following an inspection by a supervisory body can fall under administrative law or criminal law. It is more common for breaches of regulations by companies to be dealt with via administrative law penalties, such as an administrative fine or an order subject to a penalty. In these situations, an administrative law lawyer will be your first point of call.
Penalties and enforcement: fines, periodic penalty payments and withdrawal of licences
The government enforces regulations in various ways. Enforcement measures, such as where the company is raided or (temporarily) closed down, can have significant impacts on your organisation. The withdrawal of a licence will also have immediate far-reaching consequences. Blenheim has a close-knit team of administrative law lawyers who can provide direct assistance. We are in regular contact with government bodies in order to ensure that enforcement is properly conducted, and to initiate proceedings quickly where necessary. We advise clients proactively and, if necessary, we go to court. This can sometimes be necessary in the case of excessive fines and a disproportionate approach adopted by the government authority.
Objection and appeal against an enforcement decision
In administrative law, a common punitive sanction is an administrative fine, imposed by the Inspectorate. In exceptional cases, this may be imposed together with an administrative penalty, and possibly the withdrawal of any applicable certificate of professional certification or licence. The withdrawal of a licence is a very drastic measure and Blenheim offers immediate assistance if this occurs. If necessary, a preliminary injunction is sought from the administrative court. Sometimes an administrative warning is sufficient. It is important to consult with the administrative law lawyer upon the first signs that the government is preparing to take action.
Mark van Weeren