Montaigne Centre Blog

The Unity of Law 3: A step towards a definition and instruments that can optimize the unity of law

Introduction In my previous blog I gave a modest impetus to define the concept of ‘the unity of law’ and I have discussed a number of instruments which in any case (also) aim to optimize the unity of law. The following four instruments are distinguished: institutional reform, preliminary ruling procedure, coordination and a differentiated discursive…

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The claim industry as object of research

Eddy Bauw Under the headline ‘The claim industry’, the Volkskrant on Saturday the 27th of February devoted attention to the increase in the number of collective redress procedures in the Netherlands. The figures presented by the newspaper are clear: organisations who allegedly represent half a million people, have in total claimed 1.6 billion euros in…

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

Ivo Giesen In 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…

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Montesquieu and marginal review

In Dutch administrative law, a familiar view entails that the administrative court should not ‘occupy the chair of the executive’. By virtue of its powers, the government would have a ‘discretionary latitude of decision’ in which it is only under democratic control; insofar as it is not a matter of a ‘criminal charge’ there is…

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Jeckyll and Hyde in Strasbourg

  Antoine Buyse Having a split personality is usually not seen as a positive thing. Not for the outside world, and not for the person itself. Robert Stevenson’s novel about Dr Jekyll and Mr Hyde famously showed how the constant shifting between personalities can almost destroy someone. A clear and unified self-perception and image is…

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The revolt of the judges

Judges in the Netherlands are rebelling against the endless series of changes in the organization of the judiciary. What is occurring is more than a simple merger; the organization has become too dominant in the judges’ work. Judges do substantive work. They give judgments in other people’s disputes. To be able to do that work…

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Change is timeless

Rick Verschoof This week I realized that during my entire professional life I have had to deal with changes. This already started when I was still working at the UU from 1985 until 1994. Simply in the education I experienced the semester system (2 teaching periods), the ‘block system’ (5 teaching periods) and the trimester…

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