Choice between administrative and criminal enforcement in Zoetermeer
In Zoetermeer, administrative enforcement (Awb) competes with criminal law (WVW, WvSr). The municipality of Zoetermeer primarily opts for administrative fines for violations such as parking offences or environmental incidents in Binckhorst or around Stadionplein, but the Public Prosecution Service may take over in serious cases (art. 5:44 Awb). Ne bis in idem (art. 68 Constitution) prevents double punishment, which recently played a role in a local waste dumping case.
The legal qualification differs: the board of mayor and aldermen tests objectively for norm violation, while criminal law requires subjective intent. Administrative fines are more efficient for common violations in Zoetermeer, such as building violations in new neighbourhoods like Seghwaert.
Agreements in local policy
The LAPD (Leidraad Aanpak Pleger Delict), adapted in the Zoetermeer Enforcement Policy 2023, coordinates the approach. For environmental offences in Buytenpark or industrial areas, priority is given to criminal law in cases of intent. Case law, such as rulings by the Council of State on Zoetermeer permits, harmonises sanctions.
This dual-track policy maximises deterrence in Zoetermeer without overburdening local enforcement capacity.