Benthem V Netherlands
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Benthem V Netherlands
''Benthem v'' ''Netherlands'' was a European Court of Human Rights case on the right to a fair trial. It concerned the grant of a permit by a municipal authority, with which the Dutch Government, then referred to as the Crown in legal cases, disagreed. Several legal proceedings were brought in respect of this permit, which were ultimately decided by the Government itself, under the ' procedure ('Crown appeal'). Benthem eventually filed an application before the Court and claimed that the Government had denied him the right to a fair trial of of the European Convention on Human Rights (ECHR), arguing that the Government was not an "independent and impartial tribunal". The Court held that there was a violation of ECHR. The ruling of the Court led to substantial changes of Dutch administrative law, most notable the elimination of the ' and the establishment of a separate court procedure. Facts Albert Benthem used to own and run a garage in Noordwolde, Netherlands. In , he applie ...
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Article 6 Of The European Convention On Human Rights
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Nature The majority of Convention violations that the Court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France. Under the "independent tribunal" requirement, the Court has ruled that military judges in Turkish state security co ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ...
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College Van Burgemeester En Wethouders
In the Netherlands, the municipal executive (, ) is the executive board of a municipality. It plays a central role in municipal politics in the Netherlands, similar to the communal college in Belgium. It consists of the mayor and the members of the municipal executive (aldermen). Composition Mayor The mayor (, sometimes translated as 'burgomaster') is the chairperson of the municipal executive, and therefore holds the casting vote in the event of a tie. Their role is comparable to the roles of the Prime Minister in the cabinet, the King's Commissioner in the provincial executives, and the lieutenant governor in the executive councils of the Caribbean Netherlands. The mayor is appointed by the monarch (''de facto'' by the Minister of the Interior) for a renewable six-year term. Like the aldermen, the mayor has a portfolio, which always includes public order and safety. Most mayors are members of a political party, but they are expected to carry out their tasks in a non-p ...
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Politics Of The Netherlands
The politics of the Netherlands take place within the framework of a Parliamentary system, parliamentary representative democracy, a constitutional monarchy, and a Decentralization, decentralised unitary state.''Civil service systems in Western Europe'' edited by A. J. G. M. Bekke, Frits M. Meer, Edward Elgar Publishing, 2000, Chapter 7 The Netherlands is described as a consociational state. Dutch politics and governance are characterised by a common striving for broad consensus on important issues, within both of the political community and society as a whole. Constitution The Dutch Constitution lists the basic Civil rights, civil and social rights of the Dutch citizens and it describes the position and function of the institutions that have executive, legislative and judiciary power. The constitution applies to the Netherlands, one of the four constituent countries of the Kingdom of the Netherlands (along with Aruba, Curaçao and Sint Maarten). The Kingdom as a whole has ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ...
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Noordwolde, Friesland
Noordwolde ( fry, Noardwâlde) is a village in Weststellingwerf in the province of Friesland, the Netherlands. It had a population of around 3,600 as of 2017. , the settlement to the south of Noordwolde is considered a separate village. There is a restored windmill in the village, ''Windlust''. The National Museum of Weaving is located in the village. There is a natural lake, the Spokedam, which is partly surrounded by a beach, on the outskirts of Noordwolde. There are several camp sites near the lake such as "Hanestede" and the bungalow park "The Bosmeer". There is a swimming pool beside the Spokedam. There are two supermarkets and several other shops and restaurants in the village and the largest model train shop (G-scale) in Europe is in Noordwolde. History The village was first mentioned in 1408 as Noortwolde, and means "northern woods". Noordwolde is a peat excavation village which developed at the intersection of the Hoofdstraat with the Kolonievaart. Up to the 19th cent ...
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Liquefied Petroleum Gas
Liquefied petroleum gas (LPG or LP gas) is a fuel gas which contains a flammable mixture of hydrocarbon gases, specifically propane, propylene, butylene, isobutane and n-butane. LPG is used as a fuel gas in heating appliances, cooking equipment, and vehicles. It is increasingly used as an aerosol propellant and a refrigerant, replacing chlorofluorocarbons in an effort to reduce damage to the ozone layer. When specifically used as a vehicle fuel, it is often referred to as autogas or even just as gas. Varieties of LPG that are bought and sold include mixes that are mostly propane (), mostly butane (), and, most commonly, mixes including both propane and butane. In the northern hemisphere winter, the mixes contain more propane, while in summer, they contain more butane. In the United States, mainly two grades of LPG are sold: commercial propane and HD-5. These specifications are published by the Gas Processors Association (GPA) and the American Society of Testing and Ma ...
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Health Inspector
Environmental Health Officers (also known as Public Health Inspectors or Environmental Health Practitioners) are responsible for carrying out measures for protecting public health, including administering and enforcing legislation related to environmental health and providing support to minimize health and safety hazards. Environmental Health Officers keep our water, food, air, land, facilities and other environmental factors (factors external to a person) safe of health hazards, whether biological, chemical or physical. They also address the related factors that impact behaviours. Environmental Health Officers assess and control environmental factors that can potentially affect health, to prevent disease and create health-supportive environments. Environmental determinants of health play a major role in a community’s overall health and well-being, and thus Environmental Health Officers are essential in improving population health outcomes and reducing the burden of disease. Envi ...
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Dutch Council Of State
The Council of State ( nl, ) is a constitutionally established advisory body in the Netherlands to the government and States General that officially consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic or military experience. It was founded in 1531, making it one of the world's oldest still-functioning state organisations. The Council of State must be consulted by the cabinet on proposed legislation before a law is submitted to parliament. The Council of State Administrative Law division also serves as one of the four highest courts of appeal in administrative matters. The King is president of the Council of State but he seldom chairs meetings. The Vice-President of the Council of State chairs meetings in his absence and is the ''de facto'' major personality of the institution. Under Dutch constitutional law, the Vice-President of the Council is acting head of state when there is no monarch such as if the royal ...
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