Efficient Court Decisions and Limiting Insurers’ Right of Recourse: The Case of Custodian Liability in the Netherlands and Belgium

2014 ◽  
Vol 39 (3) ◽  
pp. 527-544 ◽  
Author(s):  
Jef De Mot ◽  
Louis Visscher
Keyword(s):  
The Netherlands ◽  
Court Decisions

scholarly journals ‘Neurorecht’ in Nederland

2019 ◽  
Vol 111 (3) ◽  
pp. 379-404 ◽  
Author(s):  
Stephan Schleim
Keyword(s):  
Young Adults ◽  
The Netherlands ◽  
Brain Development ◽  
Supreme Court ◽  
Court Decisions ◽  
Normative Influence ◽  
Us Supreme Court ◽  
Penal Law ◽  
Unique Manner ◽  
Legal Justification

Abstract ‘Neurolaw’ in the Netherlands: The justification of the new adolescent penal law from a neurophilosophical perspectiveThe possible and actual normative influence of neuroscientific research has been discussed in numerous publications. One particular part of that debate covered a number of US Supreme Court decisions since the early 2000s on the constitutionality of death or lifetime sentences for minor offenders. The present paper connects these topics to the new Dutch adolescent penal law which allows to treat adult offenders until the age of 22 years under certain conditions according to the rules for minors. The justification of this law referred to adolescents’ and young adults’ brain development in a unique manner. This paper does not only describe the essential steps of the lawmaking process and the legal justification of the new adolescent penal law, but also analyzes in depth in how far the used neuroscientific findings are able to support the normative conclusions.

Participation of Citizens in Pre-Trial Hearings. Review of an Experiment in the Netherlands

2014 ◽  
Vol 12 (2-3) ◽  
pp. 47-61
Author(s):  
Barbara Brink ◽  
Albert T. Marseille
Keyword(s):  
The Netherlands ◽  
Citizen Participation ◽  
Early Stage ◽  
Court Decisions ◽  
Public Agencies ◽  
Management Procedure ◽  
Court Of Appeal ◽  
Initial Results ◽  
Dutch Court

In 2011 the Dutch Central Appeals Tribunal, the highest Dutch court of appeal in legal areas pertaining to social security and the civil service, started consulting the parties of a dispute at an early stage in the procedure, in order to include them in the decisions about the procedural steps to be taken in the settlement of the appeal. One of the underlying rationales is that the involvement of the parties will lead to more acceptance of and contentment with the result. Since the acceptance of court decisions is considered as a criterion for the quality of the procedure, this approach should result in a better quality of the case treatment. In this article the initial results of this new case treatment are presented in the light of expectations from the literature on citizen participation in policy processes of public agencies. The data indicate that the New Case Management Procedure at the Central Appeals Tribunal can lead to an improvement of the quality of the case treatment, by inviting citizens to discuss with the judge about the case treatment. However, the procedure itself does not guarantee this increased quality.

An Ethical Perspective on Euthanasia and Assisted Suicide in the Netherlands from a Nursing Point of View

1998 ◽  
Vol 5 (4) ◽  
pp. 307-318 ◽  
Author(s):  
Arie JG van der Arend
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Point Of View ◽  
Decision Making Process ◽  
Court Decisions ◽  
Ethical Perspective ◽  
Consultation Skills ◽  
Source Of Information

In the Netherlands, euthanasia and assisted suicide are formally forbidden by criminal law, but, under certain strictly formulated conditions, physicians are excused for administering these to patients on the basis of necessity. These conditions are bound up with a long process of criteria development. Therefore, physicians still live in uncertainty. Future court decisions may change the criteria. Apart from that, physicians can always be prosecuted. The position of nurses, however, is perfectly clear; they are never allowed to administer euthanasia or assisted suicide. Nevertheless, they should be involved in the decision-making process because they are an important source of information and have consultation skills. The openness of the discussion about these issues in the Netherlands may prevent an escalation of medical or nursing responsibility and falling victim to the ‘slippery slope’.

PERADILAN TATA USAHA NEGARA INDONESIA SUATU PEMIKIRAN KE ARAH PERLUASAN KOMPETENSI PASCA AMANDEMEN KEDUA UNDANG-UNDANG PERADILAN TATA USAHA NEGARA

2018 ◽  
Vol 3 (1) ◽  
pp. 25 ◽  
Author(s):  
Maftuh Effendi
Keyword(s):  
The Netherlands ◽  
Administrative Law ◽  
Court Decisions ◽  
Administrative Courts ◽  
Definition Of ◽  
Objective Determination ◽  
General Method

Indonesian administrative courts’ absolute jurisdiction are limited to the administrative decisions. It leads the courts as a special administrative court, even a “very special court”, because such definition of administrative decisions laid down on Law on Administrative Court is more narrow compared to the definition of administrative decision as laid down on the General Administrative Law Act of the Netherlands as it source. Most court decisions on the courts’ absolute jurisdiction vary in interpretations that make them unpredictable. They cause uncertainty and inconsistency in the application of administrative courts’ absolute jurisdiction. Furthermore, they create confusion to the society looking for appropriate forum dealing with administrative acts and bafflement to the administrations executing courts’ decisions. The concept offered to the expansion of Indonesian administrative courts’ absolute jurisdiction are based on the method and determination of administrative disputes. Method used is general method, while determination used is subjective and objective determinations. Subjective determination includes external and internal disputes, while objective determination includes all administrative acts in the field of public laws covered the legal and factual acts causing material or immaterial damages. Keywords: administrative courts, absolute jurisdiction, expansion.

scholarly journals Transatlantic enforcement of Dutch collective settlement judgments: the case of Canada

2020 ◽  
Vol 27 (1) ◽  
pp. 29-54
Author(s):  
Bastiaan Van Zelst ◽  
Mathew P. Good
Keyword(s):  
Collective Action ◽  
The Netherlands ◽  
Court Decisions ◽  
Cross Border ◽  
Settlement Of Disputes ◽  
Court Of Appeal

This article aims to discuss the enforcement of foreign collective action and settlement judgments in Canada. More specifically, it investigates the enforceability of the decision by the Amsterdam Court of Appeal declaring binding a class settlement in the Ageas case. The development of the Netherlands into a prime venue for (cross-border) collective settlements – including with respect to claimants and defendants residing across the Atlantic – renders a discussion of the enforceability of court decisions pertaining to the collective settlement of disputes of interest from a Dutch, EU and extra-EU perspective.

The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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