Choice between administrative and criminal enforcement in Delft
In Delft, administrative enforcement (Awb) competes with criminal law (WVW, WvSr). The municipality of Delft primarily opts for administrative fines for violations such as parking offences around TU Delft or environmental incidents on the edge of the historic city centre, but the Public Prosecution Service may take over in serious cases (art. 5:44 Awb). Ne bis in idem (art. 68 Constitution) prevents double punishment, which is crucial for enforcement on the busy Markt and in student neighbourhoods.
The legal qualification differs: the board of mayor and aldermen tests objectively for norm violation, whereas criminal law requires subjective intent. Administrative fines are more efficient for high volume, such as noise nuisance during events on the Bagijnhof or waste dumping along the Schie.
Agreements in local policy
The LAPD (Leidraad Aanpak Pleger Delict) of the Haaglanden region coordinates in Delft. For environmental offences, such as illegal discharges into the municipal canals, priority is given to criminal law in cases of intent. Local jurisprudence, including rulings of the single judge in The Hague, harmonises sanctions with Delft's APV rules.
This dual-track policy maximises deterrence in Delft without overburdening local enforcement capacity, with a focus on a liveable city centre and campus environment.