Billiet, 2013

Carole M. Billiet. Punitieve handhaving in de bestuursrechtspraak: recente rechtspraak van het Milieuhandhavingscollege [Punitive enforcement in the administrative courts: recent case law of the Flemish Environmental Enforcement Court], Tijdschrift voor Milieurecht 2013, 116-140

One of the most important innovations realized by the reform of the Flemish environmental enforcement legislation of 2009, is the introduction of an administrative fining system sanctioning the quasi-totality of pollution and hindrance legislations and biodiversity law, including EU regulations in those policy areas. The fining competence was given to a single regional administration: the ‘Afdeling Milieuhandhaving, milieuschade en crisisbeheer’ (AMMC) of the Flemish Ministry of the Environment and Energy. Together with an administrative fine, the AMMC can impose an administrative forfeiture of illegal benefits. A new specialized court was created to handle the appeals against AMMC fining decisions: the Environmental Enforcement Court of the Flemish Region. This paper sketches and analyses the case law of the new court generated from 1 January 2012 to 28 February 2013. The connection with general administrative law as well as the connection with classical criminal law are highlighted.

Full publication (Dutch) here.