Coercive Fines in German Law

Overview

In German law, a "Zwangsgeld" (coercive fine or penalty) is a monetary sanction imposed by a court or administrative authority to compel compliance with a legal obligation. It is distinct from a criminal fine, which is imposed as punishment for a criminal offense.

Purpose and Application

Zwangsgelder are typically used to enforce administrative regulations or court orders. For example, a court may impose a Zwangsgeld on a party who fails to comply with a discovery order. Administrative authorities may also impose Zwangsgelder on individuals or entities who violate environmental regulations or other laws. The amount of a Zwangsgeld is determined by the severity of the violation and the financial means of the person or entity being sanctioned. The sanction can be imposed repeatedly until the desired compliance is achieved.

Legal Basis

The legal basis for Zwangsgelder is found in the German Administrative Enforcement Act (Verwaltungsvollstreckungsgesetz). The Act provides that Zwangsgelder can be imposed to compel compliance with "public law obligations". Public law obligations include administrative regulations, court orders, and other legal provisions that impose duties on individuals or entities.

Enforcement

Zwangsgelder are enforced through a variety of means, including: * Seizure of assets * Garnishment of wages * Imprisonment (in certain cases) The enforcement of Zwangsgelder is typically handled by the administrative authority that imposed the sanction. In some cases, however, the enforcement may be delegated to a bailiff or other law enforcement officer.

Defenses

There are several defenses that may be raised to challenge the imposition of a Zwangsgeld. These defenses include: * Lack of legal authority to impose the sanction * Improper procedure * Hardship or impossibility of compliance If a defense is successful, the court or administrative authority may overturn or reduce the Zwangsgeld.