Factsheet on the judiciary in the Netherlands
|
|
- Geoffrey French
- 5 years ago
- Views:
Transcription
1 Factsheet on the judiciary in the Netherlands General information about the judicial system in the Netherlands Since the last major changes to the system came into force on 1 January 2013, the Netherlands has had 11 district courts and 4 courts of appeal. The 11 district courts each have several locations in the area they cover. There is one Supreme Court, one Administrative Court for Trade and Industry, one Council of State and one Central Appeals Court for Public Service and Social Security Matters. The Council for the Judiciary is positioned between the Ministry of Security and Justice and the courts of appeal, the district courts, the Central Appeals Court for Public Service and Social Security Matters and the Administrative Court for Trade and Industry. The Supreme Court and the Council of State do not fall within the Council s remit. In the Dutch judicial system, a distinction is made between civil, administrative and criminal law. Several special chambers and divisions exist, such as the Agricultural Tenancies Chamber, the Enterprise Division and the Military Chamber, but these will not be discussed here. Cases are generally first heard by a district court. In civil, criminal and tax cases, the parties can lodge an appeal against the district court s judgment with the court of appeal. The next step is an appeal in cassation at the Supreme Court, the Netherlands highest court in civil, criminal and tax cases. In cassation proceedings the Supreme Court looks not at the facts but at whether the law has been applied properly. If an appeal court judgment is quashed in cassation, the Supreme Court will refer the case back to a different court of appeal. The latter court must then reconsider the case, taking into account the Supreme Court s judgment. Criminal cases are brought before the court by the Public Prosecution Service and are heard by the competent district court in the area where the offence was committed. Administrative cases must always be preceded by the objection procedure, which is started by lodging a notice of objection with the administrative authority in question. If the objection is declared unfounded, an application for judicial review may be lodged with the Administrative Court for Trade and Industry (company law) or with a district court. An appeal may be lodged against district court judgments with the Council of State (cases on asylum and immigration law, or environmental and planning law) or with the Central Appeals Court for Public Service and Social Security Matters (social security cases). Under the Constitution everyone has the right to legal representation in court proceedings. In some cases the law actually requires parties to be represented by a lawyer. Anyone who does not have the means to pay for a lawyer can apply for assistance under the Legal Aid Act. How is the separation of powers assured in the Netherlands? The Netherlands is a democratic state based on the rule of law in which there is separation of powers between the three branches of government. A system of checks and balances maintains an equilibrium between the legislative, executive and judicial branches. AVT17/BZ
2 Parliament, the legislative branch, comprises two Houses. The House of Representatives is directly elected by means of a proportional representation system. All Dutch nationals aged 18 and over may vote and stand in general elections. The House of Representatives decides on legislation and on the ratification of treaties. The government generally introduces bills, which the House of Representatives debates before deciding whether or not to approve them. The House of Representatives may also introduce its own bills: private member s bills. It has the power to approve the budget and scrutinises the work of the government. If a minister or state secretary, or the government as a whole, no longer has the confidence of the House of Representatives, they must resign. The Senate reviews bills that have been approved by the House of Representatives, taking into account international treaties, the Constitution, the relationship with other legislation and the bill s practical feasibility. In the Netherlands, the Senate s role is less political then the House of Representatives. If a bill is not approved by the Senate, it is referred back to the House of Representatives. The government is the executive branch. It is made up of the monarch and the ministers. The Cabinet considers and decides on overall government policy and promotes the coherence of that policy. The monarch is inviolable, which means that the prime minister is accountable for what the monarch says and does. Ministers are accountable to Parliament for all the monarch s actions. The government pursues policy, introduces bills and represents the Netherlands abroad. The full spectrum of its actions, or lack thereof, is scrutinised by Parliament. The judicial branch administers the justice system, which is organised as described above. It is independent of the other two branches. Courts give their judgments on the basis of international treaties and legislation. Judges are appointed for life, by Royal Decree. A judge s appointment may only be terminated at the judge s own request or when the judge reaches retirement age (70), and in special cases by the Supreme Court. The selection and appointment procedure for judges is discussed below. Whether or not a piece of legislation is compatible with the Constitution is for the Parliament to determine. The courts do not review the compatibility of legislation with the Constitution. The courts can, however, consider whether legislation is compatible with international treaties, which lay down citizens fundamental rights. In practice this means that the courts can consider whether all legislation is compatible with, for instance, the European Convention on Human Rights and all EU legislation that has direct effect. The Council for the Judiciary forms an important link in the contact between the three branches. It provides advice to the government and the States General on legislation and policy concerning the judiciary, both on request and on its own initiative. The Council s advice is very important to the legislative branch (Parliament) and the executive branch (the government) in the legislative process. Neither the legislative branch nor the executive branch has any influence on the courts findings and judgments. The courts also reach their judgments independently of the Council for the Judiciary and each court s own management board. They can therefore never be called to account for the substance of their judgments by the executive or legislative branch or by the Council for the Judiciary. AVT17/BZ
3 How are judges appointed at different levels? How are the members of the Council for the Judiciary appointed? Recruitment, selection, training and recommendation for appointment of members of the judiciary is done in conjunction by the judiciary and the Council for the Judiciary. The minimum requirements for appointment as a judge are laid down by law. Most of a judge s training is done by the court itself, but part of it is conducted by a central training institute, the Training and Study Centre for the Judiciary (SSR). The SSR partly falls under the responsibility of the Council for the Judiciary. After a candidate has successfully completed their training, the Council for the Judiciary recommends them for appointment as a judge. The Minister of Security and Justice assesses whether the recommendation meets the statutory requirements and other formal requirements. If this is the case, a nomination for appointment is submitted to the monarch. The monarch signs the Royal Decree, appointing the judge. Judges are appointed for life. Nominations for appointment are never rejected. Supreme Court judges are appointed in a similar manner. An internal Supreme Court committee, which comprises experienced and less experienced Supreme Court judges, selects possible candidates for appointment to the Supreme Court. They seek out people who may be eligible for appointment in the future and follow them throughout their further career. When a vacancy opens up for a Supreme Court judge, the committee decides which of the possible candidates would be best suited to the appointment, depending on what area of law the vacancy relates to. It then draws up a list of candidates. The Supreme Court discusses the list in its general meeting and then submits a recommendation of three people to the House of Representatives of the Parliament. AVT17/BZ
4 The person at the top of this list of three is invited to an interview with the Permanent Parliamentary Committee on Security and Justice. Under a standing agreement between the Supreme Court and the House of Representatives, no questions are asked about the candidate s political views, religion or beliefs. In practice, the House of Representatives always follows the recommendation of the Supreme Court. The Supreme Court and the House of Representatives both agree that the appointment of Supreme Court judges must not be politicised. The recommendation for appointment of the new Supreme Court judge then goes to the Minister of Security and Justice, who assesses whether the formal requirements have been met. If this is the case, a nomination for appointment is submitted to the monarch. The monarch signs the Royal Decree, appointing the judge. As with other judicial appointments, the nomination always leads to the signing of the Royal Decree. By law, the Council for the Judiciary must have three to five members. There are currently four members, half of whom are from the judiciary. In the event of a tied vote in the Council, the president has the deciding vote. The president is always from the judiciary, which guarantees that the opinion of the courts is decisive. Vacancies on the Council for the Judiciary are published in the national media, after which an advisory committee assesses the candidates suitability and makes a recommendation to the Minister of Security and Justice. The advisory committee consists of a president of a court, a representative of the Netherlands Association for the Judiciary, a member of a court management board who is not a judge, and one person appointed by the Minister of Security and Justice. The member who is a court president chairs the committee. Members of the Council for the Judiciary are appointed by Royal Decree on the recommendation of the Council itself. The Council s recommendation is always followed. What influence do Parliament and the government have after the appointment of a judge (term of appointment, dismissal disciplinary measures and training)? Judges are appointed for life. Neither the government nor Parliament has any influence whatsoever on dismissal, promotion, disciplinary measures or training with regard to judges. Does the Netherlands have a system of judicial review for conformity with the Constitution and international law? In the Dutch system it is up to the legislative branch to consider whether bills are compatible with the Constitution. When the government drafts a bill, it also assesses its compatibility with the Constitution and international treaties. When hearing a case, the court may consider whether legislation is compatible with international treaties to which the Netherlands is party, but the court is formally not permitted to assess whether legislation is compatible with the Constitution. Failure to comply with this rule cannot, however, lead to dismissal or other disciplinary measures. It should be noted that the Council for the Judiciary is always able to provide advice on a bill. This allows the judiciary to express its opinion to Parliament on the constitutionality of a bill in advance. The actual examination and review of bills is the prerogative of Parliament. AVT17/BZ
5 What is the role of the Dutch Council for the Judiciary within the judicial system? The selection and appointment of the members of the Council for the Judiciary has already been discussed above. The Council for the Judiciary itself has a clearly defined role in the selection, appointment and training of members of the judiciary. This too has been discussed above. The SSR training institute also falls under the responsibility of the Council for the Judiciary. The role of the Council for the Judiciary is clearly defined in the Judiciary (Organisation) Act (part 6, sections 84 to 109). The Council is responsible for: preparing its own budget and the overall budget of the courts; allocating budgets to the individual courts; supporting the operational management of the courts; monitoring the implementation of the budget by the courts; nationwide activities relating to the recruitment, selection, hiring, appointment and training of court staff. The Council s tasks also include advising Parliament on new legislation, after consulting the courts. The budget for the administration of justice is set according to objective criteria laid down in legislation. The Minister of Security and Justice provides the necessary funds from the central government budget, which is set by the government and Parliament. AVT17/BZ
Fifth Colloquium (Paris, fall 2012) Questionnaire (Rev. 1) NETHERLANDS. I. Appointment of judges to the Supreme Court
Fifth Colloquium (Paris, fall 2012) Questionnaire (Rev. 1) NETHERLANDS I. Appointment of judges to the Supreme Court 1) Are open positions to judgeships at the Supreme Court publicized? Yes, but not for
More informationTURKEY LAW NO AMENDING THE CONSTITUTION
Strasbourg, 23 February 2017 Opinion No. 875/ 2017 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) TURKEY LAW NO. 6771 AMENDING THE CONSTITUTION This document will not be distributed
More informationNetherlands's Constitution of 1815 with Amendments through 2008
PDF generated: 14 Apr 2014, 20:48 constituteproject.org Netherlands's Constitution of 1815 with Amendments through 2008 This complete constitution has been generated from excerpts of texts from the repository
More informationRecruitment and appointment of judges and justices in Europe and the US
ARTICLE Recruitment and appointment of judges and justices in Europe and the US Law and legal culture In this article Bovend Eert compares the law and legal culture regarding the recruitment and appointment
More informationWorks Councils Act. English translation of the Dutch text of the Works Councils Act (Wet op de ondernemingsraden) TRANSLATION. 1 Works Councils Act
TRANSLATION Works Councils Act English translation of the Dutch text of the Works Councils Act (Wet op de ondernemingsraden) 1 Works Councils Act SOCIAL AND ECONOMIC COUNCIL 2 Works Councils Act Table
More informationEXTRAORDINARY REPUBLIC OF FIJI ISLANDS GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT. Vol. 10 TUESDAY, 14th APRIL 2009 No.
EXTRAORDINARY REPUBLIC OF FIJI ISLANDS GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT Vol. 10 TUESDAY, 14th APRIL 2009 No. 8 23 [8] STATE SERVICES DECREE 2009 GOVERNMENT OF FIJI (DECREE
More informationAct on Equality between Women and Men ( 609/1986 ; amendments up to 232/2005 included)
The Act on Equality between Women and Men Act on Equality between Women and Men ( 609/1986 ; amendments up to 232/2005 included) Section 1 Objectives The objectives of this Act are to prevent discrimination
More informationNetherlands. We Beatrix, by the grace of God Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
Netherlands This translation is unofficial and is presented here for information purposes on the contents of the Act. It should not be treated as an official legal translation of the Act. Any interpretation
More informationFrance's Constitution of 1958 with Amendments through 2008
PDF generated: 23 Nov 2017, 14:55 constituteproject.org France's Constitution of 1958 with Amendments through 2008 This complete constitution has been generated from excerpts of texts from the repository
More informationACT ON EQUALITY BETWEEN WOMEN AND MEN. (609/1986; amendments up to 232/2005 included) Section 1 Objectives
Lampiran 1. Act on Equality between Women and Men of Finland ACT ON EQUALITY BETWEEN WOMEN AND MEN (609/1986; amendments up to 232/2005 included) Section 1 Objectives The objectives of this Act are to
More informationRemit and organisation
Government Decree on the Finnish National Gallery 618/2004 Remit and organisation Section 1 1. In addition to what is provided in Section 1 of the Act on the Finnish National Gallery (566/2000), the National
More information23 JANUARY 1993 DRAFT CONSTITUTION FOR ALBANIA
23 JANUARY 1993 DRAFT CONSTITUTION FOR ALBANIA PREAMBLE We, the people of Albania, desiring to construct a democratic and pluralist state based upon the rule of law, to guarantee the free exercise of the
More informationConstitution of the Czech Republic. of 16 December 1992
Constitution of the Czech Republic of 16 December 1992 Constitutional Law No. 1 / 1993 Coll. as amended by Act No. 347/1997 Coll. 300/2000 Coll., 448/2001 Coll. 395/2001 Coll., 515/2002 Coll. and 319/2009
More informationJUDICIARY AND COURTS (SCOTLAND) BILL
This document relates to the Judiciary and Courts (Scotland) Bill (SP Bill 6) as introduced in the JUDICIARY AND COURTS (SCOTLAND) BILL POLICY MEMORANDUM INTRODUCTION 1. This document relates to the Judiciary
More informationConstitution of October 4, 1958
Constitution of October 4, 1958 WARNING 1 The versions in italics of articles 11, 56, 61-1, 65, 69, 71-1 and 73 of the Constitution will come into effect in the manner determined by statutes and Institutional
More informationConstitution of the Republic of Iceland *
Constitution of the Republic of Iceland * I. Art. 1. Iceland is a Republic with a parliamentary government. Art. 2. Althingi and the President of Iceland jointly exercise legislative power. The President
More informationCONSTITUTION OF THE REPUBLIC OF ICELAND 1 (No. 33, 17 June 1944, as amended 30 May 1984, 31 May 1991, 28 June 1995 and 24 June 1999)
CONSTITUTION OF THE REPUBLIC OF ICELAND 1 (No. 33, 17 June 1944, as amended 30 May 1984, 31 May 1991, 28 June 1995 and 24 June 1999) I. Article 1 Iceland is a Republic with a parliamentary government.
More informationHealth Promotion Foundation Act, B.E (2001)
Health Promotion Foundation Act, B.E. 2544 (2001) BHUMIBOL ADULYADEJ, REX. Given on the 27th Day of October, B.E. 2544 Being the 56th Year of the Present Reign; Translation His Majesty King Bhumibol Adulyadej
More informationCzech Republic's Constitution of 1993 with Amendments through 2013
PDF generated: 17 Jan 2018, 16:00 constituteproject.org Czech Republic's Constitution of 1993 with Amendments through 2013 This complete constitution has been generated from excerpts of texts from the
More informationConstitution of the Associated Graduate Students of the University of California, Irvine
Constitution of the Associated Graduate Students of the University of California, Irvine July 26, 2005 Preamble We, the graduate students at the University of California, Irvine (UCI), by the authority
More informationBill number T/332. Seventh amendment of the Basic Law of Hungary
THE GOVERNMENT OF HUNGARY Bill number T/332 Seventh amendment of the Basic Law of Hungary Rapporteur: Dr. László Trócsányi Minister of Justice Budapest, May 2018 Seventh amendment of the Basic Law of Hungary
More informationJudiciary and Courts (Scotland) Act 2008
Judiciary and Courts (Scotland) Act 2008 (asp 6) Section Judiciary and Courts (Scotland) Act 2008 2008 asp 6 CONTENTS PART 1 JUDICIAL INDEPENDENCE 1 Guarantee of continued judicial independence 2 Head
More informationBYE LAW 1: MEMBERSHIP
BYE-LAWS OF GOLDSMITHS STUDENTS' UNION (Effective from 2007-08) BYE LAW 1: MEMBERSHIP Status Opting-out Rights & privileges Full Members Associate & Honorary Life Members Users 1. Membership is as defined
More informationCONSTITUTION OF MOROCCO
Adopted 13 September 1996 CONSTITUTION OF MOROCCO PREAMBLE An Islamic and fully sovereign state whose official language is Arabic, the Kingdom of Morocco constitutes a part of the Great Arab Maghreb. As
More informationBhumibol Adulyadej, Rex. Given on the 27th day of June B.E Being the 62nd year of the Present Reign
Arbitration Institute Act, B.E. 2550 (2007) Translation Bhumibol Adulyadej, Rex. Given on the 27th day of June B.E. 2550 Being the 62nd year of the Present Reign His Majesty King Bhumibol Adulyadej is
More informationCzech Republic - Constitution Adopted on: 16 Dec 1992
Czech Republic - Constitution Adopted on: 16 Dec 1992 Preamble We, the citizens of the Czech Republic in Bohemia, Moravia, and Silesia, at the time of the renewal of an independent Czech state, being loyal
More informationCouncil of State Act, B.E (1979) As amended until the Council of State Act (No. 5), B.E (2008) Translation
Council of State Act, B.E. 2522 (1979) As amended until the Council of State Act (No. 5), B.E. 2551 (2008) Translation BHUMIBOL ADULYADEJ, REX. Given on the 22nd Day of April B.E. 2522; Being the 34th
More informationThe Constitution of the Czech Republic
The Constitution of the Czech Republic dated December 16, 1992 Constitutional Act no. 1/1993 Coll. as amended by Constitutional Act no. 347/1997 Coll., 300/2000 Coll., 448/2001 Coll., 395/2001 Coll., 515/2002
More informationTEXAS A&M UNIVERSITY FACULTY SENATE CONSTITUTION Revised October 3, 2011 (Approved by the TAMU Faculty 09/30/11)
TEXAS A&M UNIVERSITY FACULTY SENATE CONSTITUTION Revised October 3, 2011 (Approved by the TAMU Faculty 09/30/11) A university's foundation is its faculty. Therein lay the knowledge, the commitment to learning,
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 21.3.2013 COM(2013) 152 final 2013/0085 (NLE) Proposal for a COUNCIL DECISION authorising Member States to ratify, in the interests of the European Union, the Convention concerning
More informationThe Six Basic Principles Chapter 3 Section 1
The Six Basic Principles Chapter 3 Section 1 The Outline of The Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly
More informationNational Metrological System Development Act, B.E (1997) Translation
National Metrological System Development Act, B.E. 2540 (1997) Translation Bhumibhol Adulyadej, Rex. Given on the 28 th Day of August, B.E. 2540; Being the 52 nd Year of the Present Reign His Majesty King
More informationNATIONAL BLACK LAW STUDENTS ASSOCIATION BLSA CONSTITUTION ARTICLE I NAME
NATIONAL BLACK LAW STUDENTS ASSOCIATION BLSA CONSTITUTION ARTICLE I NAME The name of this organization shall be the Black Law Students Association at the Indiana University Maurer School of Law (hereinafter
More informationTRANSLATION OF THE OFFICIAL PUBLICATION OF SINT MAARTEN (AB 2010, GT no. 20)
TRANSLATION OF THE OFFICIAL PUBLICATION OF SINT MAARTEN (AB 2010, GT no. 20) National ordinance ombudsman 1 1. General provision Article 1 1. The following definitions apply for the purposes of this national
More informationCROWN LAW JUDICIAL PROTOCOL. As at April 2013 (updated April 2014)
CROWN LAW JUDICIAL PROTOCOL As at April 2013 (updated April 2014) TABLE OF CONTENTS FOREWORD BY THE ATTORNEY-GENERAL... 1 Introduction... 2 NEW ZEALAND S CONSTITUTION... 2 The role of the judiciary...
More informationGoldsmiths Students Union Bye Laws
FINAL 2014 Goldsmiths Students Union Bye Laws Background 1. Goldsmiths Students Union ( the Students Union or the Union ) is an Unincorporated Association 2. These Bye-Laws are made by the Trustees and
More informationMinistry of Social Affairs and Health, Finland. Unofficial Translation from Finnish Legally binding only in Finnish and Swedish
Ministry of Social Affairs and Health, Finland Unofficial Translation from Finnish Legally binding only in Finnish and Swedish Act on Equality between Women and Men (609/1986; amendments up to 915/2016
More informationAct 8 Constitutional Development Organization Act 2008
ACTS SUPPLEMENT No. 1 10th February, 2009. ACTS SUPPLEMENT to The Southern Sudan Gazette No. 1 Volume I dated 10th February, 2009. Printed by Ministry Legal Affairs and Constitutional Development, by Order
More informationCzech Republic's Constitution of 1993 with Amendments through 2002
PDF generated: 17 Jan 2018, 16:00 constituteproject.org Czech Republic's Constitution of 1993 with Amendments through 2002 This complete constitution has been generated from excerpts of texts from the
More informationConstitution debate pack
Constitution debate pack In this Magna Carta 800 anniversary year, get your students thinking about what a UK written constitution could include. This pack contains some prompts for debate, focusing on
More informationCITIZENS EFFECTING CHANGE
CITIZENS EFFECTING CHANGE DEMOCRACY In your own words define democracy. What does democracy look like? List ways in which citizens can impact change Pressure groups or interest groups Lobbyists MEDIA
More informationTABLE 1: Judicial Councils in France, Italy, Portugal, and Spain Italy* France** Spain*** Portugal**** No. of members 33 12 21 17 Presidency President of the republic President of the republic President
More informationLaw on elections to the European Parliament in France (7 July 1977)
Law on elections to the European Parliament in France (7 July 1977) Caption: On 7 July 1977, the French National Assembly and Senate pass a law setting out the provisions relating to the election of representatives
More informationThe Maldivian Civil Service Act
The Maldivian Civil Service Act (Unofficial Translation) Introduction and title 1 (a) This Act is to establish a Maldivian Civil Service as an independent service whereby defining the legal status, objectives,
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
1999D0352 EN 01.01.2016 003.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COMMISSION DECISION of 28 April 1999 establishing
More informationConstitutional Declaration 8 July 2013 [unofficial translation] Table of contents
Constitutional Declaration 8 July 2013 [unofficial translation] Table of contents Article 1 The state, religion and Sunni doctrine... 4 Article 2 Popular sovereignty... 4 Article 3 Economic system, taxes...
More informationA 55 PUBLIC ADMINISTRATION ACT PART I DEFINITIONS AND DECLARATION OF PRINCIPLES PART II THE PUBLIC SERVICE
A 55 PUBLIC ADMINISTRATION ACT PART I DEFINITIONS AND DECLARATION OF PRINCIPLES 1. Short title and commencement. 2. Interpretation. 3. Principle of accountability. 4. Public administration values. 5. Code
More informationEMERGENCY MEDICAL ACT B.E (English translation)
EMERGENCY MEDICAL ACT B.E. 2551 (English translation) 1 EMERGENCY MEDICAL ACT. B.E. 2551 (A.D. 2008) (A.D. 2008); His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that Whereas it
More informationATTACKS ON JUSTICE CZECH REPUBLIC
ATTACKS ON JUSTICE CZECH REPUBLIC Highlights The 1992 Czech Constitution was amended in 2001 with the goal of conforming to the obligations of future EU membership, which occurred on 1 May 2004. The European
More information90 CAP. 4] Belize Constitution
90 CAP. 4] Belize Constitution (2) Subject to the provisions of subsection (3) of this section the National Assembly, unless sooner dissolved, shall continue for five years from the date of the first sitting
More informationCONSTITUTION OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, SAN DIEGO
CONSTITUTION OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, SAN DIEGO [Ap 2006-11-16; Am 2007-02-01, Am 2008-05-14, Am 2009-04-08, Am 2009-04-16, Am 201310-23, Am 2014-03-14, Am 2014-11-25,
More informationPromoting Merit in Merit Selection. A Best Practices Guide to Commission-Based Judicial Selection. Second Edition
Promoting Merit in Merit Selection A Best Practices Guide to Commission-Based Judicial Selection Second Edition MAY 2016 U.S. Chamber Institute for Legal Reform, May 2016. All rights reserved. This publication,
More informationItaly's Constitution of 1947 with Amendments through 2012
PDF generated: 23 Nov 2017, 15:10 constituteproject.org Italy's Constitution of 1947 with Amendments through 2012 This complete constitution has been generated from excerpts of texts from the repository
More informationTHE PARLIAMENT OF ROMANIA THE SENATE LAW. On judicial organisation. in Part I of the Official Journal of Romania No. 566/30.06.
THE PARLIAMENT OF ROMANIA THE SENATE LAW On judicial organisation *) re-published in the Official Journal of Romania, Part I, No. 827/13.09.2005 as subsequently amended, by Law no. 247/2005 published in
More information2 The Australian. parliamentary system CHAPTER. Australian parliamentary system. Bicameral structure. Separation of powers. Legislative.
CHAPTER 2 The Australian parliamentary system This chapter explores the structure of the Australian parliamentary system. In order to understand this structure, it is necessary to reflect on the historical
More informationCONSTITUTION OF THE CZECH REPUBLIC. of 16 December No. 1/1993 Sb.
CONSTITUTION OF THE CZECH REPUBLIC of 16 December 1992 No. 1/1993 Sb. as amended by constitutional acts No. 347/1997 Sb., No. 300/2000 Sb., No. 395/2001 Sb., No. 448/2001 Sb., No. 515/2002 Sb., and No.
More informationConstitution of the Czech Republic
Constitution of the Czech Republic Of December 16, 1992. Amended by Act No. 347/1997 Coll., Amended by Act No. 300/2000 Coll., Amended by Act No. 448/2001 Coll., Amended by Act No. 395/2001 Coll., Amended
More informationSCHEME OF JUDICIAL APPOINTMENTS COMMISSION BILL 2016
SCHEME OF JUDICIAL APPOINTMENTS COMMISSION BILL 2016 1 ARRANGEMENT OF HEADS PART 1 PRELIMINARY AND GENERAL Head 1 Short title and commencement Head 2 Interpretation Head 3 Repeals Head 4 Expenses PART
More informationOfficial Journal C 195, 25/06/1997 P
41997A0625(01) Convention drawn up on the basis of Article K.3 (2) (c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member
More informationSTATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
CONSOLIDATED VERSION OF THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION This text contains the consolidated version of Protocol (No 3) on the Statute of the Court of Justice of the European Union,
More informationFundamentals Of Law(2)
Fundamentals Of Law(2) Sources of Law Asst.Prof.Dr. Zeynep Şişli The Term sources of law refers to the compilation of contemporary legal rules; the positive law on which a judge bases his decision Positive
More informationProtocol of the Court of Justice of the African
Protocol of the Court of Justice of the African Union The Member States of the African Union: Considering that the Constitutive Act established the Court of Justice of the African Union; Firmly convinced
More informationPROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS
PROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS TABLE OF CONTENTS PROTOCOL PREAMBLE Chapter I: Merger of The African Court on Human and Peoples Rights and The Court of Justice
More informationDEFENCE AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA DEFENCE AMENDMENT BILL (As introduced in the National Assembly (proposed section 7); explanatory summary of Bill published in Gazette No. 33126 of 23 April ) (The English text
More informationThe Czech National Council has enacted the following Constitutional Act:
CONSTITUTION OF THE CZECH REPUBLIC of 16 December 1992 [As amended by constitutional acts No. 347/1997 Sb., No. 300/2000 Sb., No. 395/2001 Sb., No. 448/2001 Sb., and No. 515/2002 Sb., and as supplemented
More informationDECISION No 263/12 A LAYING DOWN RULES ON THE SECONDMENT OF NATIONAL EXPERTS TO THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
European Economic and Social Committee DECISION No 263/12 A LAYING DOWN RULES ON THE SECONDMENT OF NATIONAL EXPERTS TO THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE THE SECRETARY-GENERAL, Whereas: (1) Seconded
More informationThe Constitution (Twelfth Amendment) Act, 1991
The Constitution (Twelfth Amendment) Act, 1991 (Act No. 28 of 1991) [18th September, 1991] An Act further to amend certain provisions of the Constitution of the People's Republic of Bangladesh WHEREAS
More informationGeneral Regulations Updated October 2016
General Regulations Updated October 2016 1 THE LAW SOCIETY'S GENERAL REGULATIONS Contents INTERPRETATION...5 COUNCIL MEETINGS AND PROCEDURES...5 Dates of Council meetings...5 Chairing of Council meetings...6
More informationArticles of association Coöperatieve Rabobank U.A.
Articles of association Coöperatieve Rabobank U.A. Preamble In order to implement these resolutions, the person appearing first declares the following: Rabobank originated with enterprising individuals
More informationTRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 INTRODUCTION EXPLANATORY NOTES 1. These explanatory notes relate to the Tribunals, Courts and Enforcement Act 2007. They have been prepared by the Ministry of
More informationWhereas it is expedient to enact a law for the governance of the Manipur State, His Highness the Maharajah of Manipur is pleased to enact as follows:
Manipur State Constitution Act, 1947 Whereas it is expedient to enact a law for the governance of the Manipur State, His Highness the Maharajah of Manipur is pleased to enact as follows: Chapter 1 1. Title:
More information91/1991 Coll. CONSTITUTIONAL ACT. dated February 27, on the Constitutional Court of the Czech and Slovak Federal Republic
91/1991 Coll. CONSTITUTIONAL ACT dated February 27, 1991 on the Constitutional Court of the Czech and Slovak Federal Republic The Federal Assembly of the Czech and Slovak Federal Republic held on the following
More informationCivil Service Act, B.E (2008)
Civil Service Act, B.E. 2551 (2008) BHUMIBOL ADULYADEJ, REX; Given on the 23rd Day of January B.E. 2551 (2008); Being the 63rd Year of the Present Reign Translation His Majesty King Bhumibol Adulyadej
More informationThe Constitution of the Student Government Association of the University of Houston
The Constitution of the Student Government Association of the University of Houston Amended on March 31 st, 2016 (52 nd Administration) Preamble We the students of the University of Houston, in order to
More informationUK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL
(Scotland) Bill (SP Bill 28) as introduced in the Scottish Parliament on 27 February 2018 UK WITHDRAWAL FROM THE EUROPEAN UNION (LEGAL CONTINUITY) (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM INTRODUCTION
More informationSENIOR JUDICIARY (VACANCIES AND INCAPACITY) (SCOTLAND) BILL
SENIOR JUDICIARY (VACANCIES AND INCAPACITY) (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS 1. As required under Rule 9.3 of the Parliament s Standing Orders, the following
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 22.12.2000 COM(2000) 883 final Proposal for a COUNCIL DECISION concerning the signing of the Agreement between the European Community and the Republic of
More informationConference of European Constitutional Courts XIIth Congress
Conference of European Constitutional Courts XIIth Congress The relations between the Constitutional Courts and the other national courts, including the interference in this area of the action of the European
More informationIN BRIEF MAKING A NEW LAW. Ontario Justice Education Network
The power to make or pass laws lies solely in the hands of the government in power. The government may draft legislation that addresses public concerns, reflects its policies, or considers technological
More informationSOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADULYADEJ SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT
UNOFFICIAL TRANSLATION* CONSTITUTION OF THE KINGDOM OF THAILAND (INTERIM EDITION) B.E. 2549 (2006)** SOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADULYADEJ SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT Enacted on the
More informationBosnia and Herzegovina's Constitution of 1995 with Amendments through 2009
PDF generated: 17 Jan 2018, 15:47 constituteproject.org Bosnia and Herzegovina's Constitution of 1995 with Amendments through 2009 This complete constitution has been generated from excerpts of texts from
More informationAppealing to the Support Tribunal
Appealing to the Support Tribunal April 2016 Factsheet 3 In this Factsheet: What is the First Tier Tribunal (Asylum Support)? Who can appeal? Who cannot appeal? What sort of issues can the Tribunal deal
More informationThe European Small Claims procedure in the Netherlands
The European Small Claims procedure in the Netherlands Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION. CASE OF TÜM HABER SEN AND ÇINAR v. TURKEY
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION CASE OF TÜM HABER SEN AND ÇINAR v. TURKEY (Application no. 28602/95) JUDGMENT STRASBOURG
More informationPolice Service Act 2009
Police Service Act 2009 SAMOA POLICE SERVICE ACT 2009 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Interpretation PART 2 THE SAMOA POLICESERVICE 3. Continuation of the
More informationDJIBOUTI CONSTITUTION Approved on 4 September 1992
DJIBOUTI CONSTITUTION Approved on 4 September 1992 TITLE I: THE STATE AND SOVEREIGNTY Article 1 The state of Djibouti shall be a democratic sovereign Republic, one and indivisible. It shall ensure the
More informationConstitution of the Czech Republic
Constitution of the Czech Republice Constitution of the Czech Republic Constitution of the Czech Republic Constitutional Act No. 1/1993 Coll. of the Czech National Council of 16th December 1992 as amended
More informationCHAPTER 497 PUBLIC ADMINISTRATION ACT
PUBLIC ADMINISTRATION [CAP. 497. 1 CHAPTER 497 PUBLIC ADMINISTRATION ACT To affirm the values of public administration as an instrument for the common good, to provide for the application of those values
More informationThe Phillips Community College of the University of Arkansas. Faculty Association Constitution
The Phillips Community College of the University of Arkansas Faculty Association Constitution Article I Purpose and Functions Section 1 Purpose This organization assists Phillips Community College of the
More informationLAW ON AMENDING AND SUPPLEMENTING THE LAW NO. 03/L-223 ON THE KOSOVO. Based on Article 65 (1) of the Constitution of the Republic of Kosovo, Article 1
Law No. 05/L-033 ON AMENDING AND SUPPLEMENTING THE LAW NO. 03/L-223 ON THE KOSOVO JUDICIAL COUNCIL Assembly of Republic of Kosovo; Based on Article 65 (1) of the Constitution of the Republic of Kosovo,
More informationThe United Kingdom: Political Institutions. Lauren Cummings
The United Kingdom: Political Institutions Lauren Cummings ------------ The UK NORTHERN IRELAND (18) ----------------- SCOTLAND (59) Unitary: Government in which ultimate constitutional authority lies
More informationTeaching guidance: Paper 1 Government and politics of the UK
Teaching guidance: Paper 1 Government and politics of the UK This teaching guidance provides advice for teachers, to help with the delivery of government and politics of the UK content. More information
More informationRULE 1 Name 2. RULE 2 Objectives 3. RULE 3 Membership 4. RULE 4 Members Entitlements and Obligations 5. RULE 5 Structure 8.
Updated February 2018 TABLE OF CONTENTS PAGE RULE 1 Name 2 RULE 2 Objectives 3 RULE 3 Membership 4 RULE 4 Members Entitlements and Obligations 5 RULE 5 Structure 8 RULE 6 Branches 9 RULE 7 Regional Structure
More informationThe National Assembly Republic of Seychelles. Rules of Procedure for Committees
The National Assembly Republic of Seychelles Rules of Procedure for Committees 14 th April 2009 1 Rules of Procedure for Committees RULES OF PROCEDURE FOR COMMITTEES OF THE NATIONAL ASSEMBLY INDEX 1. Definitions/Interpretations
More informationPROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
C 83/210 Official Journal of the European Union 30.3.2010 PROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION THE HIGH CONTRACTING PARTIES, DESIRING to lay down the Statute of
More informationCalifornia State University, Northridge, Inc.CONSTITUTION. Associated Students,
California State University, Northridge, Inc.CONSTITUTION Associated Students, MISSION STATEMENT The Associated Students is the primary advocate for students at California State University, Northridge
More informationThe University of Houston Student Government Association Constitution
The University of Houston Student Government Association Constitution Proposed Amended September 5 th, 2018 (55 th Administration) Preamble We the students of the University of Houston, in order to provide
More informationPrint THE NETHERLANDS. National Ombudsman Act
Print THE NETHERLANDS National Ombudsman Act Act of 4 February 1981 (Bulletin of Acts and Decrees 1981, 35), most recently amended by Act of Parliament of 12 May 1999 (Bulletin of Acts and Decrees 1999,
More informationTEACHERS ACT [SBC 2011] Chapter 19. Contents PART 1 - DEFINITIONS
[SBC 2011] Chapter 19 Contents 1 Definitions PART 1 - DEFINITIONS PART 2 COMMISSIONER AND DIRECTOR OF CERTIFICATION 2 Appointment of commissioner 3 Commissioner s power to delegate 4 Recommendations about
More informationB I L L. wishes to enshrine the entitlement of all to the full range of human rights and fundamental freedoms, safeguarded by the rule of law;
Northern Ireland Bill of Rights 1 A B I L L TO Give further effect to rights and freedoms guaranteed under Schedule 1 to the Human Rights Act 1998, to protect and promote other rights arising out of the
More information