Gedogen door bestuursorganen

PhD ceremony: Mr. F.B. Vermeer, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: Gedogen door bestuursorganen

Promotor(s): prof. L.J.A. Damen

Faculty: Law

 

The practice of tolerance by administrative authorities

 

The subject of Vermeer’s dissertation is the practice of tolerance (‘gedogen') by administrative authorities. In the first place the research describes the material justification and the juridical base for the practice of tolerance. Tolerance is largely case law. The Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State) has introduced in her jurisdiction ‘the obligation in principle to enforce’: administrative authorities should in principle take measures of enforcement against violations unless there are exceptional circumstances. The instances in which the practice of tolerance is acceptable on the basis of case law are divided into five main categories. Vermeer describes furthermore what official administrative standards apply to the practice of tolerance and what legal safeguards exist under administrative law in respect of the diverse decisions relating to tolerance.

Particular focus is on the extent to which tolerance can be practised under administrative law and the consequences of such practise under administrative, criminal and civil law for the authorities practicing tolerance, the offender who is the object of the tolerance, third parties and the criminal law authorities. A special chapter is addressed to a special category of cases in which tolerance is practiced: the cannabis coffee shops.

Furthermore Vermeer discusses the influence of European Union law (The Treaty on European Union and the Treaty Establishing the European Community) and the European Convention for the Protection of Human Rights and Fundamental Freedoms in the field of tolerance.

The concluding chapter addresses the question of whether it is recommendable to introduce legislation to regulate (aspects of) the practice of tolerance by administrative authorities.