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Report numberRA-2004-41
TitleThe position of the administrative fine
Subtitle
AuthorsLiesbet Deben
Published byPolicy Research Centre for Traffic Safety 2002-2006
Number of pages41
Date20/09/2004
ISBN
Document languageDutch
Partner(s)LUC (nu UHasselt)
Work packageOther: Enforcement and policy
Summary

This report studies the role of administrative fines in traffic law enforcement. As has been shown in previous reports, law enforcement is crucial in traffic safety. In recent years, (a feeling of) insufficient enforcement has led to the development of new sanctioning tools. Particularly, the administrative fine has been promoted as an alternative to already existing criminal sanctions. Since this type of fine is imposed by administrative authorities, two advantages follow immediately. First, valuable police resources are saved and, second, monitoring can be carried out more effectively. Although its use is rising, the legal concept of the administrative fine is not fully developed yet. This report tries to fill that gap by establishing a clear, legal definition. Since the administrative fine has characteristics from both criminal and administrative law, the essence of both legal areas is thoroughly studied and applied. The administrative fine is a sui generis instruments. The report compares these specific features with those typically found in administrative and criminal law. As a result, the legal implications of administrative fines become much clearer.   

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Mission

The Policy Research Centre for Traffic Safety carries out policy relevant scientific research under the authority of the Flemish Government. The Centre is the result of a

cooperation between Hasselt University, KU Leuven and VITO, the Flemish Institute for Technological Research.

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