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 and damage compensation law. This bill provides, inter alia, for a general regulation for failure to comply with the duty to assist in Article 5:20(3) of the GAL. As a result, an administrative authority may enforce non-compliance with the duty to cooperate by imposing an administrative order or penalty payment. As a result, special regulations that already provide for this (including the Working Conditions Act, General Data Protection Regulation (Implementation) Act) will lapse.

This bill was preceded by an internet consultation. In a previous blog post, we discussed the enforcement of the duty to assist.

The full blog post is written in Dutch.

Date: 18 February 2020
Authors: Christien Saris & Francisca Ribeiro Bártolo