The proportionality principle in Rotterdam enforcement
The proportionality principle, laid down in article 3:4 Awb, forms a crucial criterion in the choice and imposition of enforcement measures by the municipality of Rotterdam. This principle requires that the measure be suitable, necessary and balanced in proportion to the objective and the violation. Rotterdam administrative authorities, such as the Department of Urban Development and the Environmental Service Rotterdam-Rijnmond, must weigh whether a milder intervention is possible before proceeding to administrative coercion or fines, for example in the case of illegal constructions in the port or violations on the Maasvlakte.
In the application, the severity of the violation plays a role, as do specific Rotterdam circumstances of the violator, such as economic damage to shipping companies or health effects due to air quality in the city. Case law of the Administrative Jurisdiction Division of the Council of State emphasises that an excessively heavy measure may be null and void. Examples include suspending a penalty payment order upon voluntary remediation of outdated sheds in the Merwe-Vierhavens.
Application in Rotterdam practice
Steps in the proportionality assessment: (1) purpose of the norm, such as the Rotterdam Environmental Vision, (2) intensity of the infringement on urban livability, (3) alternatives such as warnings via the Rotterdam enforcement app, (4) proportionality. This prevents arbitrariness and safeguards legal certainty. In environmental violations in the port, the environmental damage to the Nieuwe Maas is often weighed against the business costs of local enterprises.
The principle binds the Rotterdam administration and provides the violator with objection and appeal possibilities at the Rotterdam District Court. Recent case law, such as ECLI:NL:RVS:2023:5678 on a port fine, illustrates that insufficient reasoning leads to annulment of the decision.