F.C.M.A. Michiels and A.M.P.J.H. Sauvé, De praktijk van de last onder dwangsom in het milieurecht [Remedial orders under penalty payment in environmental law: practice], Milieu en Recht 2010/2, 68-76 (publisher Kluwer)
Situational sanctions combined with a penalty payment in case of non-execution have been used in Dutch environmental law since a quarter century. Knowledge about the current application of this competence however is displaying huge gaps. This article reports on a research on the actual use and working of situational sanctions under penalty payment: how often, by who, how, why and with which result are these sanctions imposed and executed? Are these sanctions effective enforcement tools? What about the penalty payments in practice?
Full publication (Dutch) here.