High Council of the Netherlands

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Main building of the High Council at the Korte Voorhout in The Hague

The Supreme Council of the Netherlands ( Dutch Hoge Raad der Nederlanden ) is the supreme court of the Kingdom of the Netherlands in the areas of civil , criminal and tax law . The main task is to maintain unity and the development of the legal order .

The Council has its seat in The Hague . The main building on Korte Voorhout was designed by Kaan Architecten.

composition

The members, like the other members of the judiciary, are appointed by royal decree. Contrary to the usual procedure, this appointment is preceded by a three-party proposal from the Second Chamber , from which the government makes a decision. The Second Chamber's proposal is based in turn on a recommendation list of six people drawn up by the High Council itself. Experience shows that the government appoints the first proposed candidate. The appointment of the members is therefore carried out by co-optation : the already appointed members of the High Council determine the persons who are eligible for the appointment.

The judges are appointed for life but retire at the age of 70.

The high council consists of a president, seven vice-presidents and about 30 ordinary and 15 extraordinary councilors ( raadsheren , also for women).

Jurisdiction

The High Council is responsible for appeals against appellate judgments of the higher courts . The legal remedy is called (beroep in) cassatie and corresponds to the revision in German or Austrian law. In doing so, the High Council does not re-examine the actual circumstances of the case, but merely checks the correctness of the interpretation and application of the law by the previous instance and the reasoning of the judgment of the lower instance.

The High Council is also ultimately responsible for appeals against decisions by the courts of appeal in Aruba , Curaçao and Sint Maarten .

Web links

Individual evidence

  1. ↑ Ilse Boon, Gerard-René de Groot, Hans von Reden: The Dutch judiciary and the notary. In René de Groot, André Janssen: Festschrift on the occasion of the sixtieth anniversary of the German-Dutch Conference of Jurists. Lit Verlag, Berlin / Münster 2009, pp. 65–77, on p. 66.