On December 21st2011 the Administrative Jurisdiction Division of the Council of State of The Netherlands ruled on that administrative enforcement is not legally possible with regards to violation of governmental guidelines (for child care centres) as these can not be regard als legislation in the sense of Chapter five of the General Administrative Law Act. This ruling resulted in an immediate standstill of administrative enforcement with regards to child care nation wide until June 6th 2012 when these guidelines were formally converted to a Ministerial decree (AMvB).

Although the Secretrary of Social Affairs and Employment clearly stated administrative enforcement with regards to child care as to violation of the governmental guidelines was no longer possible some municipalities kept in fact enforcing these rules. Though these and other admninistrative (punitive) sanctions may be succesfully challenged retroactively, and orders issued from municipalities and GGD with regards to “violations” of these governmental guidelines supposedly commited before June 6th 2012 do formally not need to be adhered to it remains prudent to contact a specialized attorney.