Choice between Administrative and Criminal Enforcement in Tilburg
In Tilburg, administrative enforcement (under the General Administrative Law Act, Awb) competes with criminal law (under the Road Traffic Act, WVW, and the Dutch Criminal Code, WvSr). The Municipality of Tilburg primarily opts for administrative fines for violations such as parking offences or environmental incidents in the Spoorzone, but the Public Prosecution Service may take over in serious cases (Article 5:44 Awb). The principle of ne bis in idem (Article 68 of the Dutch Constitution) prevents double punishment, which was recently applied in a Tilburg case involving illegal waste dumping.
The legal qualification differs: administrative authorities assess objectively based on norm violations, whereas criminal law requires subjective intent. Administrative fines are more efficient for common offences in busy districts such as the Binnenstad or Oud-Zuid.
Agreements in Tilburg Policy
The LAP Tilburg (Local Offender Approach) coordinates the choice, prioritising criminal law for intentional environmental offences around the Piushaven. Municipal policy and case law, such as rulings by the Oost-Brabant District Court, harmonise sanctions.
This dual-track policy in Tilburg maximises deterrence without overburdening local law enforcement.