On 15 May 2019, the Administrative Jurisdiction Division (Division) ruled an important judgment for the administrative penalty practice concerning the alleged unlawful entry of a dwelling by a supervisor and the consequences thereof for the penalty imposed. According to the Division, an entry by a supervisor only constitutes unlawfully obtained evidence if the non-resident’s domiciliary rights have been violated. The principle of relativity prevents non-residents from invoking their domiciliary rights if they are confronted with a fine. This principle means that an administrative court will not annul a decision on the grounds that it is in conflict with a legal rule if this rule clearly does not serve to protect the interests of the person who is relying on it.
The full blog post is written in Dutch.
Date: 29 August 2019
Author: Christien Saris