Traffic law enforcement in The Netherlands: Short cuts to sanction small traffic offences

The Dutch procedure for the enforcement of small traffic offences, codified in the Mulder Act, is internationally known for being extremely efficient. On the basis of the Mulder Act, police officers and special investigating officers have the competence to impose administrative fines if they detect the violation of small traffic offences listed in the Act. The Mulder Act also regulates the competence to sanction the holder of a registration number of a car and find him liable for small traffic offences presumably committed with his car, even if he has not committed the offence himself. Despite the efficient enforcement proceedings, it is important to keep a critical eye on the recent developments towards a more efficient settlement of criminal cases. The recently adopted Penal Order Act has given public prosecutors the competence to sanction criminal offences which carry a statutory maximum sentence of six years. This means that a great part of criminal offences in The Netherlands can be resolved and tried without the involvement of an independent and impartial judge or a public trial. This is a risky development in light of the principle of separation of state powers in criminal proceedings.