Objection Procedure against Enforcement in Tilburg
In Tilburg, citizens may lodge an objection against enforcement decisions issued by the municipality, such as penalty payments for violations in the Spoorzone or fines for illegal constructions in the Oud-Zuid district. This procedure follows Chapter 6 of the General Administrative Law Act (Awb), with an objection period of six weeks after notification. The Administrative Division of the Municipality of Tilburg handles the objection, including a mandatory hearing, unless the case is straightforward and does not require a hearing.
During the objection phase, the legal qualification of the violation, the proportionality of the measure – for example, in cases of enforcement due to noise pollution around Piushaven – and compliance with procedural rules are reviewed. The College of Mayor and Aldermen may amend, withdraw, or reduce a penalty payment based on local circumstances.
Appeal Procedure at the Court in Tilburg
Following a negative decision on the objection, an appeal may be lodged with the Administrative Court of the Zeeland-West-Brabant District Court, sitting in 's-Hertogenbosch (Article 8:1 Awb). The court conducts a full de novo review of the legality, including a reassessment of the facts, such as in recent cases concerning parking fines in the center of Tilburg or enforcement of zoning plan violations.
In cases of imminent danger of execution, such as the threat of demolition of unsafe buildings in the Het Zand district, an interim injunction may be requested (Article 8:81 Awb) to temporarily suspend enforcement. For fines, the power to mitigate applies (Article 5:43 Awb). In Tilburg case law, successful appeals often result in annulment due to insufficient reasoning or disproportionate sanctions, as highlighted in cases involving public order violations during events at the Heuvel.