Choice between Administrative and Criminal Enforcement in Rotterdam
In Rotterdam, administrative enforcement (Awb) competes with criminal law (WVW, WvSr), especially in cases of port and environmental violations. The Municipality of Rotterdam chooses primarily, but the Public Prosecution Service (OM) in the Rotterdam district may take over in serious cases (art. 5:44 Awb). Ne bis in idem (art. 68 Constitution) prevents double punishment, as confirmed in recent cases at the Rotterdam District Court.
The legal qualification differs: the administration tests objectively for violations such as illegal port activities, while criminal law tests subjectively for intent. Administrative fines are more efficient for mass violations in the Port of Rotterdam, where volume offenders such as shipping companies are often addressed.
Agreements in Rotterdam Policy
The LAPD-Rotterdam (Leidraad Aanpak Pleger Delict, locally adapted) coordinates with the Port Company Ordinance. For environmental offences in the Maasvlakte, priority is given to criminal law in cases of intent, such as illegal discharges. Case law from the Rotterdam District Court harmonises sanctions, taking into account the economic role of the port.
This dual-track policy maximises deterrence in Rotterdam without overburdening the OM, supported by the Municipal Enforcement Vision 2023.