Recourse against Judgments in the Netherlands

In: van Rhee , C H 1999 , Recourse against Judgments in the Netherlands . in J A Jolowicz & C H van Rhee (eds) , Civil Procedures in Europe : Recourse against Judgements in the European Union . 1 edn , vol. 2 , Kluwer Law International , The Hague , pp. 239-260 .

Abstract

In the 1980s, the Netherlands witnessed the start of a comprehensive programme of reform in the fields of judicial organisation and procedure. The reform programme consists of three stages, of which the first has now been completed. This has, amongst other things, resulted in the consolidation of several administrative procedures which were formerly adjudicated by different judicial bodies, in the Arrondissementsrechtbank. Consequently, the Arrondissementsrechtbank has obtained extensive administrative jurisdiction together with its jurisdiction in civil and criminal cases. As part of the reforms in the second stage, a bill has been submitted to Parliament which contains changes in the court structure. It is proposed to abolish the Kantongerecht and to reallocate its jurisdiction to the Arrondissementsrechtbank, transforming the latter court into a general first-instance court. In addition, the bill contains changes in the Code of Civil Procedure. In the present report the author discusses the current situation January 1998.