Court system in the Netherlands

For anyone seeking legal services in the Netherlands, it's important to understand the intricacies of the Dutch court system and how it differs from other countries. In this blog article, we'll take a closer look at the key characteristics of the Court system in the Netherlands and why it stands out.

What makes the Dutch civil courts distinct?

One of the most notable aspects of civil law proceedings in the Netherlands is the passive nature of the courts. Unlike other countries, it's the parties involved in the case that dictate the scope of proceedings, not the judges.

Under the court system in the Netherlands, the Dutch courts are required to consider the claims, legal theories, and statements made by the parties, and they cannot add any new facts to the case. This is according to Section 26 of the Dutch Code of Civil Procedure (DCCP). The Dutch courts must consider undisputed facts as established and are obligated to deliver a judgment within the scope of the demand for relief.

Can the Dutch civil courts play an active role in legal proceedings?

Despite their passive nature, the courts still hold significant power in legal proceedings. They can steer the case in the direction they see fit, for instance, by holding post-defense hearings, presenting evidence from expert witnesses, or making changes to the DCCP. On October 1st, 2019, there were changes made to the DCCP to give the courts a more active role in legal proceedings.

Are there jury trials in the Netherlands?

The Netherlands is one of the few countries that don't have jury trials. Instead, all aspects of the case are ruled on by the courts. Legal proceedings can take a considerable amount of time, sometimes lasting several years. Ancillary proceedings or appeals can prolong the process even further, and it's common for the court to take several months to reach a decision. This slow pace of proceedings is one of the reasons why preliminary relief or summary proceedings (kort geding) are popular.

Are civil law hearings in the Netherlands open to the public?

Civil law hearings in the Netherlands are generally open to the public, giving parties an opportunity for fact-finding. There are two instances where a full review of all relevant facts and circumstances takes place, giving parties a chance to have their case heard.

Conclusion regarding the Court system in the Netherlands

In conclusion, the Dutch court system is distinct in many ways, with the passive nature of the courts and the absence of jury trials being some of the defining characteristics. Despite this, the Dutch courts have the power to steer proceedings, and legal proceedings are generally open to the public, with opportunities for fact-finding.

A few definitions

Civil law proceedings: Legal proceedings that deal with disputes between individuals or organizations and are based on written laws rather than judicial decisions.

Ancillary proceedings in the Netherlands: Proceedings that are secondary or supplementary to the main proceedings. As a lawyer in the Netherlands, it's important to have a thorough understanding of the Dutch court system and its unique characteristics. With its passive nature, lack of jury trials, open proceedings, and opportunities for fact-finding, it's important to have the assistance of a skilled lawyer in the Netherlands to guide you through the legal process.

Preliminary relief or summary proceedings in the Netherlands: A legal action taken to obtain relief before the main trial.