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.

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.

scholarly journals Grounds for the cancellation or amendment of court decisions in criminal cases on appeal

2021 ◽  
Vol 12 (1) ◽  
pp. 52-72
Author(s):  
Aleksandr M. Panokin ◽  
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedural Code ◽  
Separate Control ◽  
Criminal Procedure Law ◽  
The Individual ◽  
Court Of Appeal

The article analyzes the legal regulation and practice of applying the grounds of appeal. The positive and negative sides of the statutory recognition of the grounds of appeal are revealed. The author comes to the conclusion that when establishing such grounds in the Criminal Procedural Code of the Russian Federation, the rules of formal logic and systematization of legislation were violated. The grounds of appeal do not form a unified system, they do not cover all possible violations that entail the delivery of unjust court decisions. As a result of the study, it can be affirmed that the absence of appeal grounds will protect the rights of the individual in criminal proceedings to the maximum extent by maximizing the extension of the subject of the appeal and verification of court decisions, and it will provide ample opportunity for the court of appeal to identify and eliminate any violations committed. In addition to this, it is necessary to increase the requirements for the reasoning of appeals, representations of professional participants in criminal procedures and the quality of the justification and motivation of decisions by courts of appeal. The absence of the grounds of appeal makes it necessary to provide a detailed answer to the arguments of the subjects of the appeal set out in the complaints, as a result of which the decision of the court of appeal becomes not only legal, reasonable, motivated and fair, but also convincing. Equally, the absence of such grounds guarantees the independence of judges and their high professionalism, as well as the demand for creative potential when reviewing court decisions. In turn, the consolidation in the criminal procedure law of various grounds for reviewing court decisions that have entered into legal force will make it possible to limit separate control and verification stages of the criminal process from each other.

Withdrawing Life Support from Patients in a Persistent Vegetative State: the Law in The Netherlands

2005 ◽  
Vol 12 (4) ◽  
pp. 347-355 ◽  
Author(s):  
Sjef Gevers
Keyword(s):  
The Netherlands ◽  
Life Support ◽  
Vegetative State ◽  
Persistent Vegetative State ◽  
The United States ◽  
Medical Intervention ◽  
The Law ◽  
Court Of Appeal ◽  
Dutch Court

AbstractThis article sets out how a case like that of ms. Schiavo is likely to be decided in a Dutch court and compares that with the law in the United States. In the Netherlands there is one case with striking similarities: the decision of the Arnhem Court of Appeal of 1989. After describing that case (which to a large extent still reflects the legal state of the art), comments are given on several aspects of the issue, such as the labelling of artifical feeding as a medical intervention, the role of the physician, the position of the proxy or surrogate, the ways to resolve dispute in case of conflict, and the significance of advance directives. The analysis will show that, although there is more consensus on the issue now than there was 16 years ago, there are still several questions that need to be addressed in the future.

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