The proportionality principle in enforcement in Delft
The proportionality principle, laid down in article 3:4 Awb, forms a crucial criterion in the choice and imposition of enforcement measures by the municipality of Delft. This principle requires that the measure be suitable, necessary and balanced in proportion to the objective and the violation. The municipality must weigh whether a milder intervention is possible before proceeding to administrative coercion or fines, for example in cases of violations in the city centre around the Marktplein or along the canals.
In the application, the seriousness of the violation plays a role, as do the circumstances of the violator, such as economic damage to local businesses or health effects in densely populated neighbourhoods such as the TU Delft campus. Case law of the Administrative Jurisdiction Division of the Council of State emphasises that an excessively heavy measure may be null and void. Examples in Delft include the suspension of a penalty payment order upon voluntary restoration of facades on national monuments, or in parking violations in the historic centre where warnings suffice.
Application in practice in Delft
Steps in the proportionality assessment: (1) purpose of the rule, such as protection of Delft's heritage or living environment, (2) intensity of the infringement, (3) alternatives such as education campaigns by the municipality, (4) proportionality. This prevents arbitrariness and safeguards legal certainty. In environmental violations in industrial zones such as the TNO site, the municipality often weighs the environmental damage against the business costs of local SMEs.
The principle binds the Delft administration and provides the violator with objection and appeal possibilities at the District Court of The Hague. Recent case law, such as ECLI:NL:RVS:2022:1234 and local cases on canal management, illustrates that insufficient reasoning leads to annulment of the decision.