Choice between Administrative and Criminal Enforcement in Westland
In the municipality of Westland, 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), particularly in the case of frequent violations within the greenhouse horticulture sector. The municipality of Westland primarily opts for administrative fines, but the Public Prosecution Service may take over in serious cases, such as illegal pesticide use or environmental violations in greenhouses (Article 5:44 Awb). The principle of ne bis in idem (Article 68 of the Dutch Constitution) prevents double jeopardy.
The legal qualification differs: administrative authorities assess objectively based on norm violations, whereas criminal law requires subjective intent. Administrative sanctions are more efficient for high-volume violations, such as breaches of crop protection regulations in Westland's greenhouse complexes.
Agreements in Westland's Policy
The LAP-Westland (Guideline for Offender Approach in Westland) coordinates the enforcement strategy, prioritizing criminal law for intentional environmental offenses, such as illegal waste dumping in the polders around 's-Gravenzande and Naaldwijk. Local jurisprudence, including decisions by the Hague subdistrict court, harmonizes sanctions with the regional horticultural context.
This dual-track policy maximizes deterrence in Westland's agricultural hotspots without overburdening the legal system.