Monthly Archives: February 2016

The Unity of Law 2: A step towards a definition and instruments that can optimize the unity of law

hamerIn his ‘The Unity of Law 1: Blogging about the unity of law?’, Eddy Bauw gave an inspiring kick-off on the subject of the unity of law. It is the intention to – with this blog as a starting point – start a series about that topic. With this blog and the next blog, this challenge is taken up. Continue reading

The civil law sanctioning of violations of the principles of civil procedure

asser_procesrecht_1In December 2015 my book ‘Principles of civil procedure’ was published as part of the Asser Procesrecht-series (‘Beginselen van burgerlijk procesrecht’ Wolters Kluwer: Deventer 2015). In this book, I discuss, after some general considerations, the guiding principles of civil procedure from a Dutch and European perspective. Based on the research into and the analysis of the seven discussed principles of civil procedure, I included in the General Considerations a chapter on ‘Sanctions after violations of a principle of civil procedure’. From my research into the seven specific principles dealt with, I had quickly discovered that the sanctioning of violations of those principles (which are almost always protected as a human right under Article 6 ECHR and Article 47 EU Charter) is rather shabbily endowed in the Netherlands. The theme is hardly discussed in the doctrine and rarely any specific rules (through legislation or case law) exist. Therefore, we seem to be unable, as yet, to cope adequately with the sanctioning of such violations. I am convinced that this is a bad state of affairs, that we need an urgent improvement and that – fortunately – there is a solution available. Continue reading