More Clarity On Requirements For Collecting Evidence In Administrative Fine Proceedings

Violations of law are increasingly enforced by imposing an administrative fine instead of prosecuting under criminal law. Administrative fines were originally solely used for minor violations, but are now more frequently imposed for serious and complex violations; the fines themselves are also for higher amounts. A relevant question is which requirements should exist regarding the collection of evidence in administrative fine proceedings. On 5 July 2017, the Council of State clarified in two cases the rules for submitting new evidence after the decision-making process. This had already been the subject of a non-binding opinion from the advocate general. The opinion also included various other elements of the collection of evidence in administrative fine proceedings; the Council of State has not yet been called upon to decide on these other elements.