Public order
Our firm has a long-standing practice of assisting civilians and companies who are confronted with intervention by the government under the banner of "public order". We increasingly see the government using enforcement instruments to tackle ‘subversion’ and other alleged risks to public order and safety.
A few (of the many) examples include:
- prohibiting a demonstration
- (temporarily) closing down a business or residence
- enforcement through penalty payments
- an administrative fine
- imposing a territory ban
- refusing to issue a Non-Objection Certificate
- refusing or revoking a permit
- cancelling a passport
- action by the police and the Royal Netherlands Military Constabulary
- revoking nationality
- sanction measures
- criminal prosecution
Those who are confronted with such public order measures frequently have to deal with profound violations of their rights. A home or business is boarded up, a demonstration is prohibited, penalty payments are imposed, a permit necessary for the company is revoked. It is then essential to take swift action. At the same time, an effective defence against these kinds of measures requires care and know-how. Given that public agencies frequently refer to one another, it is necessary to take joint action in various areas at once. Our firm not only offers the requisite expertise, but can also switch between various areas quickly in order to provide a solution. Whether this concerns the municipality, the police, the IND, the Public Prosecutor’s Office or one of the many inspectorates, ministries, supervisory authorities or administrative bodies that can impose onerous measures; we know the channels and can help you stand strong against the government.
Your wishes are central throughout the procedure: e.g. if you wish to continue with your activity as soon as possible this will require a different approach than if you want a point of contention to be litigated out of principle. It is often preferable to consult with the government, but in order to have a strong position when doing so, it is indispensable to be fully aware of the procedural possibilities. Sometimes the only way is to take the case to court. If it turns out that the government acted unlawfully, we can not only help to terminate that conduct as soon as possible, but we can also help you claim damages.