The Proportionality Principle in Enforcement in Tilburg
The proportionality principle, as laid down in Article 3:4 of the General Administrative Law Act (Awb), constitutes a crucial criterion in the selection and imposition of enforcement measures by the Municipality of Tilburg. This principle requires that the measure be suitable, necessary, and balanced in relation to the objective and the infringement. The municipality must assess whether a less severe intervention is possible before resorting to administrative coercion or fines, for instance, in cases of violations in the Spoorzone or industrial areas such as Loven.
In its application, the severity of the infringement plays a role, as do specific circumstances in Tilburg, such as economic damage to local entrepreneurs or health effects on residents in densely populated neighborhoods. Case law from the Administrative Jurisdiction Division of the Council of State emphasizes that an excessively severe measure may be null and void. Examples from Tilburg practice include the suspension of a penalty payment order in cases of voluntary remediation of illegal constructions at Piushaven.
Application in Tilburg Practice
Steps in the proportionality assessment: (1) objective of the norm, (2) intensity of the infringement, (3) alternatives such as warnings by the Environmental Service Southeast Brabant, (4) proportionality. This prevents arbitrariness and ensures legal certainty. In cases of environmental violations in Tilburg, the environmental damage within municipal boundaries is often weighed against business costs for textile companies or events at the Heuvel.