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| Perspective | Limits of Preventative Actions |
|---|---|
| 1) State to Citizen (Vertical) | Limited by Laws (UU), General Principles of Good Governance (AAUPB), and Human Rights protection[span_0](start_span)[span_0](end_span). |
| 2) Between Citizens (Horizontal) | Limited by the human rights of others, as well as civil and criminal law; vigilantism is prohibited[span_1](start_span)[span_1](end_span). |
Legal Limitations Explanation
- Preventative State Actions toward Citizens (Vertical):
- Principle of Legality: The state may only take preventative actions if explicitly provided for by law[span_2](start_span)[span_2](end_span). The state cannot act based on subjective assumptions lacking a legal basis[span_3](start_span)[span_3](end_span).
- Application of AAUPB: When exercising discretion, the state must adhere to the General Principles of Good Governance (AAUPB), such as the principles of accuracy, benefit, and impartiality[span_4](start_span)[span_4](end_span).
- Right to Sue (Citizen Control): Citizens have the constitutional right to challenge the validity of state preventative actions in the Administrative Court (PTUN) if such actions are deemed excessive or violate human rights[span_5](start_span)[span_5](end_span). The state may not implement retroactive preventative measures or penalize acts not yet defined as violations[span_6](start_span)[span_6](end_span).
- Preventative Actions between Citizens (Horizontal):
- Prohibition of Arbitrary Acts: In interpersonal relationships, preventative actions must not infringe upon the human rights of others[span_7](start_span)[span_7](end_span). If one feels threatened, permissible actions are limited to proportionate self-defense (noodweer) or reporting to authorized authorities[span_8](start_span)[span_8](end_span).
- Legal Limitations: Preventative actions taken independently without a valid legal basis may be categorized as an unlawful act (PMH) or a criminal offense[span_9](start_span)[span_9](end_span).
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