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 sanctions and the refusal thereof. This review must lead to effective, dissuasive and proportionate enforcement. This means that an administrative authority must include all facts and circumstances in the reconsideration; the circumstances at the time of the first (primary) decision and all developments that have taken place since. With this judgment, the Division largely follows the conclusion of advocate general Wattel, about which we have written a blog post before.
The full blog post is written in Dutch.
Date: 12 January 2021
Author: Christien Saris