Objection or appeal against a fining decision

Objection or appeal against a fining decision

(full text only available in Dutch)

Summary

This difference between administrative law and criminal law, with regard to the suspensive effect of remedies, has led to the following problem definition.

  1. How, from a normative and empirical point of view respectively, should the absence, as a general rule, of suspensive effect of objection and appeal against fining decisions be assessed?
  2. Is there any reason for providing for a statutory provision that would suspend the implementation of administrative fines during the phase of legal protection against administrative fines?

This problem definition has been broken down into the following sub-questions:
- Why does objection or appeal against a fining decision have, as a general rule, no suspensive effect in Dutch administrative law?
- What are the exceptions to this general rule, and on which grounds are they based?
- What is the relationship between the absence of suspensive effect of objection and appeal against a fining decision, and the presumption of innocence?
- What is the significance, in this context, of the preliminary relief proceedings?
- How do administrative bodies, in practice, deal with their power to collect administrative fines?
- To what extent does the making of a payment arrangement play a role in this?

Publication data

Author(s):
Bröring, H.E., Tollenaar, A., Feenstra, M., Outhuijse, A.
Organization(s):
University Groningen - Faculty of Law, WODC
Place of publication:
Groningen
Publisher:
University Groningen - Faculty of Law
Year of publication:
2020
ISBN:
978-94-034-2325-8

Order information

Address:
Rijksuniversiteit Groningen - Faculteit Rechtsgeleerdheid