The Netherlands has many different regulatory authorities, which are distinguished by the markets and the legislation they supervise. Enforcement is directed at enterprises, professional practitioners and individuals who do not comply with the rules and regulations.
Regulatory authorities have an important task: they safeguard public confidence in the markets and professional practitioners placed under their supervision. Regulatory authorities also face certain challenges: they must find and maintain an equilibrium between the strict enforcement of the rules and the balancing of – often conflicting – interests.
In doing so, they are faced with complex and fundamental legal and strategic issues, which they have to address on a daily basis. Examples include issues about the use of supervisory powers, the use of electronic methods of collecting information, will-dependent material and the nemo tenetur principle. In addition, regulatory authorities have to make choices when using enforcement instruments, including applying penalty policy rules and determining fines. The decision to publish enforcement decisions is often the prelude to preliminary relief proceedings that require swift action.
Pels Rijcken's supervision and enforcement specialists feel very much at home in the regulatory authorities' field of operation. They assist all Dutch regulatory authorities and have an overview of the entire field, giving them unique knowledge and experience in this area. They are familiar with the tasks and powers of the regulatory authorities, and know the sphere and restraints within which they must operate. Moreover, they have a unique insight into the political and social context in which decision-making must take place. They advise regulatory authorities in taking decisions, which are often complex, and share their thoughts about developments and subjects such as the digitisation of supervision and information exchange. When it comes to litigation, Pels Rijcken's knowledge and experience are a decisive factor.
We share our knowledge on supervision and enforcement on our Administrative Law (Bestuursrecht) Blog (in Dutch). In addition, individuals working for regulatory authorities can sign up to receive the Newsletter on Regulatory Authority Current Affairs.