Objection Procedure against Enforcement in Amsterdam
In Amsterdam, you can lodge an objection against enforcement decisions by the municipality, such as penalty payments for violations of the APV (General Municipal By-Law) or fines for illegal occupancy, in accordance with Chapter 6 of the General Administrative Law Act (Awb). The objection period is six weeks from the date of notification of the decision. The district board or the Supervision and Enforcement Service handles the objection, with an obligation to hold a hearing, unless this can be waived for straightforward matters.
During the objection phase, the legal classification of the violation, the proportionality of the measure, and compliance with procedural rules are reviewed. The Amsterdam authorities may amend, withdraw, or mitigate a penalty payment, for example, in cases of temporary nuisance in the city center.
Appeal Procedure at the Amsterdam Administrative Court
Following a negative objection decision, you may appeal to the Amsterdam District Court, Administrative Law Division (Article 8:1 Awb). The court conducts a full de novo review of the legality, including a reassessment of the facts, such as in enforcement actions against noise pollution on terraces or parking fines in busy neighborhoods like De Pijp.
A provisional remedy (Article 8:81 Awb) is available to suspend enforcement in cases of urgent interest, for instance, in the event of imminent eviction from a property. For fines, the municipality has the power to mitigate (Article 5:43 Awb). In recent Amsterdam cases, such as those before the Council of State regarding APV enforcement, successful appeals often result in annulment due to insufficient reasoning or disproportionate sanctions.