Inspectors from a municipality, an inspectorate or a market regulator may enter premises, demand information and examine records. That comes with an obligation on the other side: a party under inspection must cooperate.
Legal basis
Article 5:20 of the General Administrative Law Act provides that everyone is obliged to give an inspector, within a reasonable period set by that inspector, all the cooperation he can reasonably demand in exercising his powers. Those powers are set out in Articles 5:15 to 5:19: entering places, demanding information, inspecting data and documents, and examining goods and vehicles. Article 5:13 limits them: an inspector may use his powers only in so far as this is reasonably necessary for the performance of his task. The second paragraph of Article 5:20 makes an exception for persons under a statutory duty of confidentiality. Deliberate refusal to cooperate is a criminal offence under Article 184 of the Criminal Code.
How it works in practice
Once supervision turns into an investigation aimed at an administrative fine, the field changes. Article 5:10a then gives the person concerned a right to silence and requires a caution to be given. The distinction drawn in the case law is between material that exists independently of the will, such as existing records, which can still be demanded, and statements, which fall under the right to silence. In practice that turning point during a site visit often passes unnoticed.
Where it goes wrong
Three points recur. First, unlimited cooperation, handing over documents that fall outside the request. Second, the absence of any record of the visit, leaving it unclear afterwards what was asked and said. Third, invoking the right to silence too late, when the statement has already been made.
Related terms
The duty to cooperate connects to the administrative fine, to the request for enforcement and to the order subject to a penalty payment.
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