For entrepreneurs and directors who are faced with a regulator, an inspection, or an enforcement decision by the government.
Supervision and enforcement concerns the moment a government or regulator intervenes: an inspection visit, a warning, a penalty payment order, or an administrative fine. Our lawyers and in-house counsel assist international corporations as well as the baker on the corner — from the regulator's first letter to objections and appeals before the administrative court. Practical, with the General Administrative Law Act (Awb) as a compass, and always focused on your specific situation.
Lawyers and in-house counsel for supervision and enforcement in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Key themes: penalty payment order, administrative coercion, administrative fine, and revocation.Practical specialist legal assistance for entrepreneurs.
Specialist advice on supervision and enforcement from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise within Supervision and Enforcement
Supervision and enforcement concerns the moment a government or regulator intervenes: an inspection visit, a warning, a penalty payment order, or an administrative fine. Our lawyers and in-house counsel assist international corporations as well as the baker on the corner — from the regulator's first letter to objections and appeals before the administrative court. Practical, with the General Administrative Law Act (Awb) as a compass, and always focused on your specific situation.
Administrative fines
An administrative fine from a regulator can amount to a substantial sum. Our lawyers and legal experts mount a defense through submissions of views, objections, and appeals, and reduce or prevent the fine – for the international corporation as well as the baker on the corner.
Have you received an enforcement warning? Our lawyers and in-house counsel assess whether the warning constitutes a decision, how best to respond, and, where possible, prevent the process from escalating to a penalty payment or fine.
Is the government threatening to revoke your permit? We assess the legal basis, mount a defense, and litigate where necessary, up to and including the Council of State. For the international corporation and for the baker on the corner.
A collection order follows a forfeited penalty payment. Our lawyers and in-house counsel assess the legality and handle objections and appeals – for the international group as well as the baker on the corner.
Have you received an administrative enforcement order? We assess the decision, conduct a defense, and assist you during objections, appeals, and cost recovery. From international corporations to the baker on the corner.
An order subject to a penalty payment compels you to remedy a violation under penalty of a sum of money. Our lawyers and in-house counsel assess whether the order is lawful and, where possible, prevent the penalty payment from being forfeited.
Supervision and enforcement is the administrative legal instrumentarium by which the government enforces compliance with rules. First, there is supervision: a supervisor checks whether you comply with the rules and may demand information and inspection in the process (Articles 5:11 and 5:13 of the General Administrative Law Act, hereinafter Awb). You are obliged to cooperate with this (Article 5:20 Awb). If the administrative body establishes a violation, enforcement follows: a remedial sanction or a punitive sanction.
Our lawyers and in-house counsel assist both international corporations and the baker around the corner — from an inspection visit by the Labour Inspectorate or the NVWA to an enforcement decision by the municipality or a province.
Remedial sanctions: penalty payment order and administrative coercion
A remedial sanction is aimed at ending the violation, not at punishment. With an order subject to a penalty payment (Article 5:31d of the General Administrative Law Act), you are granted a grace period to remedy the violation yourself; if you fail to do so on time, you forfeit a monetary amount per violation or per unit of time. With an order subject to administrative coercion (Article 5:21 of the General Administrative Law Act), the government remedies the situation itself and recovers the costs from you. The administrative body chooses between the two (Article 5:32 of the General Administrative Law Act); we assess whether that choice and the amount of the penalty payment are proportionate.
The administrative fine
An administrative fine (Article 5:40 of the General Administrative Law Act) is a punitive sanction for a past violation. Unlike a remedial sanction, the right to remain silent applies here (Article 5:10a of the General Administrative Law Act), and the fine must be proportionate to the seriousness of the violation and the degree of culpability (Article 5:46 of the General Administrative Law Act). In the absence of culpability, no fine is imposed (Article 5:41 of the General Administrative Law Act). There is often room for debate regarding the level or culpability; that is precisely where we make the difference.
Revocation of permits and collection
In addition to an order and a fine, an administrative body may revoke a permit or reduce a subsidy — drastic measures, as they can undermine the foundation of your business. If you forfeit a penalty payment, a collection order follows (Article 5:37 of the General Administrative Law Act), against which a separate objection is possible. You may lodge an objection against all these decisions within six weeks (Article 6:7 of the General Administrative Law Act) and, if necessary, request a preliminary injunction to suspend the consequences.
The principle of mandatory enforcement — and the exceptions
In principle, an administrative body is obliged to enforce the law if it identifies a violation. However, there are loopholes: the prospect of legalization (for example, a pending permit application) or special circumstances that make enforcement disproportionate. Pursuant to Article 4:84 of the General Administrative Law Act (Awb), the administration may deviate from its own policy rules if doing so would have disproportionate consequences for you. We assess whether the administrative body has applied this discretion correctly — this is often the key to a favorable outcome.
Supervision and enforcement for SMEs and corporations
Large firms often focus solely on corporations and complex environmental cases. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and local entrepreneurs — the hospitality business facing a closure, the webshop with a regulator fine, the construction company with a penalty payment. Accessible and practical, using the full Articles of the General Administrative Law Act (Awb) and avoiding unnecessary jargon, yet legally sharp and with a steady course toward your goal.
Respond within the time limit: statement of views, notice of default, and objection
In enforcement cases, time dictates the outcome. You will often first receive a notice of intent on which you may submit your views; this is followed by the decision, with a six-week objection period (Article 6:7 of the General Administrative Law Act). If the government itself fails to respond to your application or objection in time, you can put it in default by means of a notice of default to initiate a penalty payment for failure to decide within the prescribed time limit (Article 4:17 of the General Administrative Law Act). We monitor all these deadlines and ensure that not a moment is lost.
Related: broader administrative law questions
If, in addition to enforcement, there is a broader dispute with the government — regarding a permit, a decision, or an objection procedure — please visit our administrative law. If it specifically concerns construction, the environment, and the physical living environment, you will find more information on environmental law. This page focuses on the moment of enforcement itself: the order, the fine, and the revocation.
What we help with
From the first inspection visit to proceedings before the administrative court — our lawyers and legal experts support you with every form of supervision and enforcement.
Assistance during inspections by a supervisor and the duty to cooperate (Article 5:20 of the General Administrative Law Act)
Defense against an order subject to a penalty payment (Article 5:31d of the General Administrative Law Act)
Defense against an order subject to administrative coercion (Article 5:21 of the General Administrative Law Act)
Defense against an administrative fine (Articles 5:40 and 5:46 of the General Administrative Law Act)
Objection to the revocation of a permit or a lower subsidy determination
Objection to a collection decision (Article 5:37 of the General Administrative Law Act)
Submitting a view to a notice of intent to enforce
Interim measure to suspend enforcement
Request for enforcement against a third party (competitor or neighboring company)
Objection and appeal procedures up to the Council of State
When do you engage this team?
In enforcement cases, every day counts, as the six-week objection period continues to run (Article 6:7 of the General Administrative Law Act). The sooner you involve us, the more avenues you keep open. If you recognize any of these situations, seeking immediate advice is advisable.
You receive an inspection visit or a request for information from a supervisor
In enforcement law, your starting position determines the outcome. Before responding to the supervisory authority, we map out the decision, the underlying regulations, and the facts: is the alleged violation correct, is the sanction proportionate (Article 5:46 of the General Administrative Law Act), is there a prospect of legalization, and have the time limits been applied correctly? Only then do we choose the route—submission of views, objection, a preliminary injunction, or a discussion with the administrative body—that best serves your interests, rather than the first response that comes along.
Our approach
From enforcement letter to solution in four steps.
1
Intake
We discuss the decision or audit, your company and your objective, and review the time limits.
2
Analysis
We assess the alleged violation, the authority, and the proportionality against the General Administrative Law Act (Awb) and the regulations.
3
Strategy
We choose the route — statement of views, objection, preliminary injunction, or consultation — and the involvement of a lawyer or legal expert.
4
Execution
We handle: from submitting views and objections to litigating before the administrative court and the Council of State.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Supervision and Enforcement
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of supervision and enforcement. In addition, they have specialized in one or more areas of focus within administrative law. We have organized several areas of focus into various practice groups. Based on his or her specialization(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about supervision and enforcement
The questions entrepreneurs ask us most often about supervision and enforcement.
What is the difference between a restorative sanction and a punitive sanction?
A remedial sanction, such as an order subject to a penalty payment (Article 5:31d of the General Administrative Law Act) or administrative coercion (Article 5:21 of the General Administrative Law Act), is aimed at ending the violation. A punitive sanction, such as an administrative fine (Article 5:40 of the General Administrative Law Act), punishes a past violation. In the case of a fine, additional safeguards apply, such as the right to remain silent (Article 5:10a of the General Administrative Law Act) and the proportionality requirement (Article 5:46 of the General Administrative Law Act).
How long do I have to respond to an enforcement decision?
You may lodge an objection against an enforcement decision within six weeks of its publication (Article 6:7 of the General Administrative Law Act). This time limit is strict. If necessary, you may also request a preliminary injunction from the administrative court to suspend the consequences until a decision has been made on your objection.
Am I required to cooperate with an inspection by a supervisor?
In principle, yes: you are obliged to provide a supervisor with the requested cooperation (Article 5:20 of the General Administrative Law Act). However, the supervisor may not demand more than is reasonably necessary. Furthermore, in the event of a suspected punishable violation, you have the right to remain silent. We will assess the extent of the duty to cooperate in your case.
Can I have an excessive penalty payment or fine reduced?
Often, yes. The sanction must be proportionate (Article 5:46 of the General Administrative Law Act). We assess whether the amount is proportionate to the violation and the degree of culpability, and whether the administrative body has correctly applied its own policy rules (Article 4:84 of the General Administrative Law Act). Not infrequently, this leads to mitigation or withdrawal.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, a statement of views, a notice of objection, and consultation with the administrative body, an in-house counsel is often sufficient. For proceedings before the court or the Council of State, a lawyer may be advisable. We have both in-house and determine together with you what is most suitable.
Is this team also for small business owners?
Yes. We help both international corporations and the baker on the corner. For the small business owner in particular, an enforcement decision has a significant impact; a timely, sharp response prevents penalties from accumulating or a permit from being revoked.
Discuss your situation with a supervision and enforcement specialist.Our supervision and enforcement lawyers and legal experts help both large corporations and small business owners move forward — from large corporations to the baker on the corner. Schedule a meeting and know where you stand and what timeframe is running within a single session.
