Administrative fines and the Dutch Certificate of Conduct

Constitutional and administrative law / Integrity

Administrative fines and the Dutch Certificate of Conduct

(full text only available in Dutch)

Summary

The Dutch Certificate of Conduct, known as the 'Verklaring Omtrent het Gedrag (VOG)', is a form of background screening that is aimed at preventing breaches of the integrity of vulnerable persons, businesses, organisations or sectors. Since 2004, when the processing of applications for the certificate of conduct was assigned to the central screening authority Justis, this preventive instrument has become widely integrated in Dutch society.
The use of both the certificate of conduct and the administrative fine (bestuurlijke boete), a sanction introduced in the 1990s, have soared since their implementation. In recent years, this has led to a debate on the extent to which differences between enforcement of legislation under criminal law and enforcement under punitive administrative law – more in particular the administrative fine – are justified.
This study focusses on providing an answer to the following central research question: To what extent is it feasible and desirable to include administrative fines in the screening process for a certificate of conduct?

Publication data

Author(s):
Zand, E.G. van 't, Crijns, J.H., Schuyt, P.M., Boone, M.M., Emmerik, M.L. van, Steen, I. van der (ass.), Verlinde, L. (ass.)
Organization(s):
University Leiden - Faculty of Law, WODC
Place of publication:
Leiden
Publisher:
University Leiden - Faculty of Law
Year of publication:
2020

Order information

Address:
Universiteit Leiden, Faculteit der rechtsgeleerdheid/FSW