Advice on administrative law and enforceable measures
Questioner
If an administrative body imposes a measure that cannot be complied with because it is not feasible, because the interested party (who only finances the building plot) is not authorised to implement the imposed measure (resuming construction work), the administrative law misses its target. Can you then take the position that the measure (the regulatory law) which is not enforceable or cannot be applied, whereby a reasonable administrative body knew or should have known that the interested party, by not being able to comply with the regulatory law, this results in arbitrariness and consequential damage for the interested party by acting in violation of the standard of the ABBB? In my opinion, the administrative body is abusing legislation and powers.Lawyer
The answer to your question depends on the measure imposed. If it concerns a penalty payment (= amount of money that must be paid if the violation is not undone), it can only be imposed on the person who has the power (actual or legal) to end the violation. If (as you indicate) it concerns an order subject to administrative coercion (= carrying out (having carried out) recovery measures yourself), then this can be imposed on all parties whose rights are affected by the measure. It is possible that the financier is known as the rightful party (mortgage?) to the relevant government agency and is therefore involved in the order under administrative coercion. In short, file an objection in time (within six weeks) and hold the person who does have the power to proceed to recovery liable for any damage suffered.Neem de volgende stap
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