An administrative fine is a financial sanction that can be imposed by the government without the involvement of a judge. Its purpose is punishment, not restoration.
What does an administrative fine entail?
An administrative fine is a penal measure whereby you must pay a sum of money. In contrast to a coercive fine, which aims to restore a situation, this is about imposing a penalty.
Examples of administrative fines
- Fine from the Tax Authorities for incorrect tax return
- Fine from the UWV for undue benefits
- Fine from the Municipality of Utrecht for misuse of benefits
- Fine from the Dutch Data Protection Authority for privacy breach
- Fine from the ACM for violation of competition rules
Procedure for an administrative fine
| Step | Description |
|---|---|
| Intention | You receive a notice of the intention to impose a fine |
| Response to intention | You can submit your views before the decision becomes final |
| Fine decision | The final decision on the fine is made |
| Objection | Within 6 weeks you can lodge an objection against the decision |
Your rights and safeguards
Because an administrative fine has a penal character, there are additional protective measures:
- Right to remain silent: you do not have to contribute to your own conviction
- Presumption of innocence: you are considered innocent until proven otherwise
- Proportionality: the fine must be appropriate to the violation
Factors determining the amount of the fine
The amount of an administrative fine is determined by:
- The statutory maximum
- The severity of the violation
- The degree of your culpability
- Your financial situation
Frequently asked questions about administrative fines in Utrecht
Do I have to pay during an objection procedure?
Yes, in most cases you must pay, unless a provisional remedy is granted. You can sometimes request a payment deferral.
Can the fine be reduced?
Yes, if the fine is disproportionate, it can be reduced by the administrative authority or the court.
Is an administrative fine recorded on my criminal record?
No, this type of fine is not a criminal sanction and does not appear on your criminal record.
Additional questions and answers
How much time do I have to lodge an objection?
You have six weeks from the day after the dispatch of the decision to lodge an objection. This deadline is strict; late submission often means your objection will not be considered. Preferably submit your objection by registered mail or digitally.
What if I do not pay the fine?
If you do not pay, the administrative authority may proceed to enforced collection, such as garnishment of income or assets. This may incur additional costs. Lodge an objection in time or request deferral if you disagree.
Is a payment arrangement possible?
Yes, you can often make an arrangement with the administrative authority, such as the Municipality of Utrecht, if you cannot pay in one go. Explain your financial circumstances and inquire about the options.
Assistance and authorities in Utrecht
For legal assistance, you can go to:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht