The criminal justice legal process in the Netherlands is divided into pretrial and trial phases. In the pretrial phase, intrusive measures such as telephone taps, searches of the person or premises are conducted to secure evidence. This is tempered through the provision of an attorney and notification to the suspect of the development of the case. The trial phase in the Netherlands can be described as an accusatorial process.
Dutch Independence The Dutch Declaration of Independence, 1581 Through the history of dutch large cities, at the end of the Middle Ages, as many other large cities in Europe, they had charters giving them many rights of freedom. With Philip II of Spain and his sons in power in the Netherlands against William of Orange, … Read more
Introduction to Western European Union Western European Union (WEU), association of European countries focused on defense and security issues. The WEU grew out of the Brussels Treaty, a cooperative agreement made in 1948 between the United Kingdom, France, Belgium, The Netherlands, and […]
Western Legal Systems in Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal … Read more
Dutch Prison System 1. Description. * Number of prisons and type. Dutch prisons are characterized as closed (high security), semi-open (normal security) and open institutions (minimal security). Extra-high-risk security units within prisons exist to house inmates who are high escape risks or exhibit violent behavior toward other inmates or prison officers. Detention in these extra-high-risk … Read more
Dutch Judicial System 1. Administration. Criminal matters are dealt with in courts at four levels (Hoyng, 1992: 7-8; Machielse, 1992: 108; Tak, 1993: 24-26; Netherlands Ministry of Justice, 1990a). Supreme Court. There is one Supreme Court of the Netherlands. The Supreme Court hears appellate court cases, cases in which the law has been inappropriately applied, … Read more
Dutch Judicial Process PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the Accused. * Rights of the accused. During the pretrial process the accused may file an appeal against the writ of summons and may request, if the case has not been brought to trial, that a competent court formally declare that the case has ended. … Read more
Prescription Charges in the Netherlands Background The health care system in the Netherlands is made up of a mixture of public and private funding. There are various types of insurance covering hospital care and primary care, which together account for 43% of all health care expenditure. About 60% of the population are compulsorily insured by … Read more
Notaries in the Netherlands NOTARISSEN Notaries (notarissen) in the Netherlands have large practice of law as well as notarial functions (registration and creation of certain essential documents). In the world of legal professionals the notaris occupies a very special position. This appears firstly in the method of his appointment and secondly in the performance of … Read more
Lawyers in Netherlands Legal Professionals Types of Lawyer There are several professions involved in distributing legal services in the Netherlands. These are, to some extent, in competition with one another. Theadvocaat is the only one mentioned in the 1977 Legal Services Directive. Most advocates are also procureur, the exercise of which profession is compatible with … Read more
Dutch Police 1. Administration. The organization of the police was established through the 1957 Police Act. This act provided for the division of the police into two separate forces: the municipal (gemeentepolitie) and the national police (rijkspolitie). Municipalities with a population over 25,000 have their own municipal police. Rural areas are patrolled by the national … Read more
Crime in the Netherlands 1. Classification of Crime. * Legal classification. All prohibited acts are classified either as crimes or felonies (misdrijven), infractions or transgressions (overtredingen). The legislature determines whether an offense constitutes a crime or an infraction. (Tak, 1993: 8). Generally, serious offenses involving physical harm are classified as crimes or felonies (murder, intentional … Read more
Copyright Contract in the Netherlands in Europe In light of the difficulty of many authors to derive a decent income from the exploitation of their works, policy makers in the field of copyright may decide to intervene and recalibrate the power relations between authors and publishers. […]
Judicial organisation in the Netherlands in Europe The Dutch court system The basic principles of the Dutch rule of law stem from the 1848 Constitution. One of these is the principle that everything the government does must have its basis in Acts of Parliament. This principle also implies […]
Sentencing in the Netherlands PENALTIES AND SENTENCING 1. Sentencing Process. * Who determines the sentence? The sentence is determined by the judge who delivers the verdict. * Is there a special sentencing hearing? There is no special sentencing hearing. There is no distinction between the trial and sentencing stages. The judge bases his or her … Read more
Bailiffs in the Netherlands Professional Activities and Legal Framework Gerechtsdeurwaarder: Basic functions The profession of judicial officer has two elements: On the one hand, the judicial officer is a public civil servant, appointedby the Crown, who has the care of supporting the execution of the judgment. In this sense, the judicial officer is involved from … Read more
Victims in the Netherlands 1. Groups Most Victimized By Crime. Since 1980, a national victimization survey has been conducted in the Netherlands every 2 years. A general pattern has emerged concerning victimization rates. Young people are at greater risk of victimization of bicycle theft, threat and assault than are the elderly. Young females are at … Read more
Dutch Criminal Justice System This entry gives a general account of the overall criminal system and outline the political and legal structure and the history of the Dutch criminal justice system to help account for the unique aspects that may help to bind the many parts of this criminal justice system together, and to show … Read more
Western Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal System Liechtenstein Legal … Read more
UN Convention on Contracts for the International Sale of Goods (CISG) in the Netherland in Europe Note: For information on the Convention on Contracts for the International Sale of Goods in general, see here. United Nations Convention on Contracts for the International Sale of Goods: Related […]
Consular Legislation in Europe European Union Materials For information about European Union consular legislation, click here. In Austria Read in this legal Encyclopedia for information about consular law in Austria. In Germany Read in this legal Encyclopedia for information about […]
The Benelux in Europe The five institutions of Benelux work independently but serve the same purpose which is to promote and deepen cooperation between the 3 countries. Benelux General Secretariat is the central pillar of cooperation. It manages the secretariat of the Committee of Ministers […]
Council of State in Europe Council of State in the Netherlands In accordance with the Constitution of the Netherlands: The Council of State or a division of the Council will be consulted on Bills and draft orders in council as well as proposals for the approval of treaties by the […]
States General in Europe States General is the name given to the Parliament in some countries, like the Netherlands. Organisation and composition of the States General Organisation and composition of the States General in the Netherlands In accordance with the Netherlands Constitution: […]
The King in Europe KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. künic, künec, künc, Mod. Ger. König, O. Norse konungr, kongr, Swed. konung, kung), a title, in its actual use generally implying sovereignty of the most exalted rank. It is […]
Court of Audit in Europe Court of Audit (Algemene Rekenkamer) in the Netherlands The Court of Audit (Algemene Rekenkamer) will be responsible for examining the State’s revenues and expenditures (Article 76) The members of the Court of Audit will be appointed for life by Royal Decree […]
Definition of European Convention On State Immunity In accordance with the work A Dictionary of Law, this is a description of European Convention On State Immunity : An international convention of 1972 setting out when and how member states of the European Community (now the European Union) […]
European Convention on Human Rights: the European Commission of Human Rights Introduction to European Commission of Human Rights The commission can only deal with a claim if all domestic remedies have been exhausted, unless a state waives the benefit of this rule. Local remedies do not have to […]
Benelux Court of Justice in Europe Introduction After the creation of the intergovernmental economic union of the three Benelux countries, the BCJ was founded in 1974, having its seat in Brussels. Currently, the BCJ is responsible for delivering rulings in judicial matters concerning […]
Introduction to European Diplomats European Diplomats, ambassadors, ministers, and bureaucrats who conduct the foreign policy of European nations. (1) Resources Notes and References Information about European Diplomats in the Encarta Online Encyclopedia Guide to European Diplomats More Topics […]
Communism: Communist Influence in Noncommunist Countries Western Europe Other Western European Parties The strongest Western European parties, other than the Italian and French, have been those of Greece, Finland, Portugal, and Spain. The Greek and Portuguese parties mirrored the intransigence […]
Communism: Communist Influence in Noncommunist Countries Western Europe The communist parties of Western Europe were all established between 1918 and 1923, following the Russian Revolutions. They were responsive to Soviet directives, yet at the same time drew on European socialist roots going […]
Benelux Court of Justice Court of First Instance of the European Communities Court of Justice of the European Communities European Court of Human Rights European Free Trade Agreement Court Benelux Court of Justice Court Of Justice of the Benelux Economic Union The […]
History of Western European Tribunals Medieval courts were an outgrowth of the tribal courts of the Germanic peoples, among whom the highest judicial authority was that of the popular assemblies that met regularly throughout the year. The tribal judges supervised the proceedings and […]
Principles of European Contract Law (Commision on European Contract Law) 2 25 May 2002 PRINCIPLES OF EUROPEAN CONTRACT LAW TEXT OF ARTICLES IN PART 3, IN ENGLISH CHAPTER 10 Plurality of parties Section 1: Plurality of debtors ARTICLE 10:101: SOLIDARY, SEPARATE AND […]
JURE, a database created by the European Commission, contains case law on jurisdiction in civil and commercial matters and on the recognition and enforcement of judgments in a State other than the one where the judgment was passed. This includes case law on relevant international […]
List of Reports, Netherlands in Europe NJ — Nederlandse Jurisprudentie NJB — Nederlands Juristenblad WNo — Weekblad van het Recht Statuut Ned — Statuut voor het Koninkrijk der Nederlanden GrwNed — Grondwet BW — […]
Netherlands in Europe Outline of the Country´s Legal System According to the work Guide to Foreign and International Citations, by the Journal of International Law and Politics (New York University School of Law): Executive power is vested in the Government. The Government is nominally […]