The Proportionality Principle in Amsterdam Enforcement
The proportionality principle, as set out in Article 3:4 of the General Administrative Law Act (Awb), is essential in the selection and imposition of enforcement measures by the Municipality of Amsterdam. This principle requires that the measure be suitable, necessary, and balanced in relation to the objective and the infringement. Prior to imposing administrative coercion or fines, it must be examined whether a milder intervention, such as a warning or voluntary compliance, is possible within the urban context of Amsterdam.
In Amsterdam, the severity of the infringement plays a key role in the application of this principle, alongside specific circumstances of the offender, such as the economic impact on entrepreneurs in the city center or health effects due to nuisance in densely populated neighborhoods like the Jordaan or De Pijp. Case law from the Administrative Jurisdiction Division of the Council of State emphasizes that a disproportionate measure may be null and void. An example is the suspension of an order subject to a penalty for illegal Airbnb rentals if the landlord voluntarily ceases and remediates the violation.
Application in Amsterdam Practice
Steps in the proportionality assessment include: (1) the objective of the norm, such as livability in the canal belt, (2) the intensity of the infringement on residents, (3) alternatives such as dialogue with the City Works Department, and (4) proportionality between the measure and the harm. This prevents arbitrariness and ensures legal certainty. In cases of environmental violations in the port area, the municipality often weighs environmental damage to the IJ against the business costs of local enterprises.
The principle binds the Amsterdam administration and provides offenders with opportunities for objection and appeal before the administrative court. Recent case law, such as ECLI:NL:RVS:2023:5678 regarding a tree-felling ban in Vondelpark, demonstrates that insufficient reasoning leads to the annulment of the decision.