Onmiddellijke handhaving van de openbare orde of bestuursdwang? Het bevel en de last in historisch en rechtsvergelijkend perspectief

PhD ceremony: Ms. L.D. Ruigrok, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Dissertation: Onmiddellijke handhaving van de openbare orde of bestuursdwang? Het bevel en de last in historisch en rechtsvergelijkend perspectief

Promotor(s): prof. J.G. Brouwer, F.R. Vermeer

Faculty: Law

Ruigrok’s thesis refers to the burgomaster’s competences to immediately enforce public order pursuant to the Dutch Municipalities Act and his power to take a decision containing an instruction under the threat of enforcement action. The form and execution of these two competence systems are very similar; in both cases the unwritten restorative measure (bevel) or decision (last) is physically executed. Over the past decades immediate enforcement of public order by the burgomaster evidently shows a trend toward juridification. Restorative measures to immediately enforce public order are put down in writing nearly by default. For example several days prior to soccer games, demonstrations or public events unwritten emergency restorative measures will be issued in writing. Such unwritten restorative measures thus have become an order within the meaning of the General Administrative Law Act, as is the case with decisions containing an instruction under the threat of enforcement action. Burgomasters occasionally force themselves to try to comply with the requirements of a regular order within the meaning of the General Administrative Law Act. The development of the law in this context is striking in view of Article 5:23 Awb, whereas in this provision the legislator ensures rapid and decisive action in order to enforce public order. With her research Ruigrok has formed a soundly based judgment of the trend regarding the juridification of immediate enforcement of public order, bearing in mind its large impact. She has also determined the situations in which a decision containing an instruction under the threat of enforcement action - and thus a decision containing an instruction under the threat of an astreinte - offers an alternative to the competences to immediately enforce public order.