Monthly Archives: June 2015

Access to Mediation

mediationIn the NRC Handelsblad a piece written by my colleagues Grootelaar and Van den Bos was recently published on the new mediation legislation. Apart from this article the public debate concerning mediation appears to be at a standstill for some time. The lull before the storm, I suppose. Although the private member’s bills submitted by the (then) member of the second chamber Ard van der Steur Wet bevordering van mediation in het burgerlijk recht, Wet registermediation and Wet mediation in het bestuursrecht are recently withdrawn, the Dutch government has indicated to come up with a bil of its own. This will likely lead to a new stream of articles in newspapers and legal journals. A recurring theme will presumably be the ‘personal responsibility’ and ‘self-reliance’ of citizens. But actually, as I argue in this blog, the obvious ambiguity of these concepts will force us to reflect on the access to mediation. Continue reading

Judicial Independence Detained

ehrmAs fits a centre of research on judicial administration, earlier blogs have dealt with urgent questions about the adherence to the rule of law and the functioning of the judiciary in the Netherlands. The topic of pre-trial detention combines all those questions. Here the politics of safety, the politicization of constitutional guarantees (Brenninkmeijer, ‘Stresstest rechtsstaat Nederland’, NJB 2015, afl. 16, p. 1049), and public opinion exert a particular problematic influence on the independence of the judiciary, which should guarantee critical review of pre-trial detention and the presumption of innocence. Continue reading