Choice between Administrative and Criminal Enforcement in Amsterdam
In Amsterdam, 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 Amsterdam primarily opts for fines in cases of violations such as illegal parties in Vondelpark or environmental nuisance in the port, but the Public Prosecution Service (OM) may take over in serious cases (Article 5:44 Awb). The principle of ne bis in idem (Article 68 of the Dutch Constitution) prevents double punishment, which is crucial in a busy city like Amsterdam with numerous enforcement cases.
The legal qualification differs: administrative review is objective, focusing on the violation itself, whereas criminal law requires subjective intent. Administrative fines are efficient for high-volume cases, such as parking violations on the canals or noise pollution in the Jordaan district.
Agreements in Amsterdam Policy
The LAP Amsterdam (Offender Approach Guideline, adapted for the region) coordinates enforcement. In cases of environmental offenses in the IJmeer area or intent in drug trafficking, criminal law takes priority. Case law, such as rulings by the District Court of Amsterdam, harmonizes sanctions between administrative authorities and the Public Prosecution Service.
This dual-track policy maximizes deterrence in Amsterdam without overburdening the legal system and aligns with the APV (General Municipal Bylaw) for local priorities.