SarisLaw

Specialist in bestuursrecht

Supervisors taking samples: is an entity entitled to a countercheck of a sample during an investigation by a supervisor?
Supervisors taking samples: is an entity entitled to a countercheck of a sample during an investigation by a supervisor? 2560 1440 SarisLaw

Supervisors may take samples of products, substances, food etc. during their investigation to determine whether it complies with the applicable rules. If these samples are found to be non-compliant, the…

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Acquittal by the criminal court. Consequences for the authorities and court in the case of administrative enforcement
Acquittal by the criminal court. Consequences for the authorities and court in the case of administrative enforcement 2560 1707 SarisLaw

An acquittal by a criminal court may have consequences for administrative enforcement. This follows from the ruling of the Central Appeals Tribunal of 1 December 2020. The Tribunal revoked the…

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How should the court reason on the level of fines. Supreme Court provides framework.
How should the court reason on the level of fines. Supreme Court provides framework. 2560 1708 SarisLaw

In its judgment of 29 May 2020 (ECLI:NL:HR:2020:973), the Supreme Court devoted an interesting consideration to how the tax court should assess the proportionality of administrative penalties. The Supreme Court…

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How should an administrative authority reconsider a decision in objection proceedings? Administrative Jurisdiction Division formulates test framework for reconsideration of (non-)enforcement decisions.
How should an administrative authority reconsider a decision in objection proceedings? Administrative Jurisdiction Division formulates test framework for reconsideration of (non-)enforcement decisions. 768 426 SarisLaw

In its decision of 28 October 2020, the Administrative Jurisdiction Division provides the assessment framework for the reconsideration of objections by administrative authorities that must decide on decisions to impose remedial…

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Relationship between supervisory and investigatory powers clarified by Supreme Court
Relationship between supervisory and investigatory powers clarified by Supreme Court 768 518 SarisLaw

In its judgment of 30 June 2020 (ECLI:NL:HR:2020:1155), the Supreme Court confirmed that the use of supervisory powers under administrative law is not permitted if the investigation by investigating officers…

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Authorities: reconsideration of (non-)enforcement decisions must lead to an effective result
Authorities: reconsideration of (non-)enforcement decisions must lead to an effective result 768 426 SarisLaw

In his opinion of 11 March 202, advocate general Wattel states that when an administrative authority is reconsidered whether it must (still) take enforcement action by imposing remedial sanctions, it…

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ACM is obliged to publish the decision in which it refrains from imposing a fine
ACM is obliged to publish the decision in which it refrains from imposing a fine 2560 1096 SarisLaw

The Act establishing the Netherlands Authority for Consumers & Markets (Act) obliges the ACM to publish a decision in which a serious infringement (such as infringement of the prohibition on…

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Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing
Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing 2560 1707 SarisLaw

In its judgment of 15 November 2019, the Supreme Court (Tax Division) ruled that in administrative penalty cases, the administrative judge is obliged to always caution a person on whom…

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GDPR does not prevent the processing of personal data by a supervisory authority during a company visit
GDPR does not prevent the processing of personal data by a supervisory authority during a company visit 2560 1696 SarisLaw

Companies that are confronted with supervision are obliged, in principle, to provide all information at the request of a supervisor. With the arrival of the General Data Protection Regulation (GDPR),…

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Sanctioning the duty to assist by means of an administrative order and penalty payment. Proposal to amendment General Administrative Law.
Sanctioning the duty to assist by means of an administrative order and penalty payment. Proposal to amendment General Administrative Law. 1000 667 SarisLaw

The Lower House of Parliament is currently debating the legislative proposal to amend the General Administrative Law Act (GAL) and some other laws in connection with the new environmental law…

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