The Dutch Customs is facing an important change in its working methods regarding the archiving of traffic fines.
Disclosure following a request under the Open Government Act (Woo) has revealed that a significant number of traffic violations have been committed by customs officials, raising questions about current administrative procedures.
A letter from the State Secretary of Finance – Allowances and Customs, reveals that of the 414 traffic violations announced, 308 cases have been dismissed due to urgent service interests. The investigation into these cases was initiated after questions about the handling of these violations and has led to the inventory of all documents relating to the dismissed traffic fines.
Customs, an organisation charged with conducting investigations into tax and customs offences and breaches of financial and economic legislation, has to deal with a considerable volume of e-mails and administrative tasks. As a result, some documents relating to traffic fines are difficult to find. This situation is further complicated by the fact that the disclosure of some documents may make it more difficult to prosecute criminal offences, as they contain data on investigative activities.
During the disclosure process, questions have also been raised about the protection of internal communication channels. Two stakeholders have expressed concerns about the disclosure of internal mailboxes, indicating that this could harm the efficiency and effectiveness of Customs and other administrative bodies.
Customs is now faced with the task of reviewing its systems and processes to ensure better administration and transparency, while maintaining the security and confidentiality of sensitive information.
Customs also has a specific procedure for dismissing fines issued during the performance of duties. Fines issued to vehicles of the ministry, if they are related to the performance of duties, can be dismissed at the request of the Public Prosecution Service Central Processing Office (Parquet CVOM). Parket CVOM plays a central role in advising on traffic legislation and handling appeals against traffic fines, in addition to handling cases related to alcohol, drug and driving license violations.
This issue highlights the importance of transparency and efficiency in the archiving and disclosure of government documents, especially since the entry into force of the Open Government Act on 1 May 2022. This law replaces the Government Information (Public Access) Act and regulates the government's right to information, with certain exceptions to protect privacy and operational integrity.
