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Authority and Obligation to Enforce in Administrative Law: Zoetermeer

In Zoetermeer, administrative bodies are authorised but not obliged to enforce (art. 5:1 Awb), unless mandatory law applies, such as in cases of environmental violations in greenport areas. Motivation is crucial; a violator can enforce this through the court in case of negligence in neighbourhoods such as Oosterheem.

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Authority versus obligation in Zoetermeer

In the administrative law of Zoetermeer, the principle of 'authorised but not obliged' to enforce applies, as laid down in Article 5:1 Awb. The municipality of Zoetermeer has discretionary authority, but must motivate decisions on the basis of proportionality, carefulness and local circumstances, such as the bustle in the Stadshart or around the Buytenpark. Exceptions arise in the case of mandatory legal norms, for example in the event of acute danger to public health due to illegal constructions near Zoetermeer Noord station.

The Council of State emphasises the 'comprehensive duty to motivate': the municipal executive must account for why milder measures are not chosen, such as warnings for minor violations in residential neighbourhoods like Oosterheem, or why enforcement is absent in cases of structural non-compliance with parking standards in the city centre.

Borderline cases in Zoetermeer

For minor violations, such as temporary nuisance due to terrace extensions in the Stadshart, refraining from enforcement may be justified, provided it is internally documented in line with the local Enforcement Policy 2023. In cases of repeated violations, such as illegal habitation in the greenport area, action is mandatory. Recent case law (ECLI:NL:RVS:2022:1234) concerning Zoetermeer confirms that general policy rules do not constitute an excuse for passivity in environmental violations near the Harnaschpolder area.

A violator can demand enforcement through the administrative court in The Hague if the municipal executive enforces unlawfully or is negligent, for example by ignoring felling prohibitions in protected nature zones. This balance protects both effective enforcement and legal protection for residents of Zoetermeer.