2020

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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Summoning and questioning of witnesses in administrative law: how does it work again?
Summoning and questioning of witnesses in administrative law: how does it work again? 2560 1707 SarisLaw

In its judgment of 15 November 2019, the Supreme Court clearly outlined the process of summoning and questioning of witnesses by the administrative courts. That judgment, delivered by the Tax…

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