![Supreme Court of the Netherlands, The Hague 06](https://upload.wikimedia.org/wikipedia/commons/6/61/Supreme_Court_of_the_Netherlands%2C_The_Hague_06.jpg)
The Judiciary of the Netherlands is the system of courts which interprets and applies the law in the
Netherlands
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, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
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The court system follows the traditional hierarchical pattern. It is largely based on that of France: the state rather than the individual initiates legal proceedings and Administrative justice is dealt with separately from civil or criminal justice. In the Netherlands, there is also no jury system. The judiciary is independent and judges can only be removed from office for malfeasance or incapacity.
District Courts
There are 11 District Courts in the country, each divided into a maximum of five sections. The sections always include the administrative section, civil section, criminal section and sub-district section, but family and juvenile cases are often put into a separate fifth section. Cases are heard by a single judge.
In cases of civil law, cases involving rents, hire purchase and employment are dealt with by a sub-district judge. In criminal cases, minor offences are also dealt with by a sub-district judge, who usually delivers an oral judgment immediately after the hearing.
More intricate cases can be heard by a single judge or by a bench of three judges, depending on the complexity or seriousness of the case.
Netherlands Commercial Court
The Netherlands Commercial Court (NCC) was created on 1 January 2019. The NCC District Court is a chamber in the Amsterdam District Court. A matter may generally be submitted to the NCC where all of the following requirements are met: (i) the action is a civil - or commercial matter within the autonomy of the parties and is not subject to the jurisdiction of the Subdistrict Court or the exclusive jurisdiction of any other Dutch chamber or court; (ii) the matter concerns an international dispute; (iii) the parties to the proceedings have designated the Amsterdam District Court as the forum to hear their case or the Amsterdam District Court has jurisdiction to hear the action on other grounds; and (iv) the parties to the proceedings have expressly agreed in writing that court proceedings will be before the NCC in English.
Courts of Appeal
There are four Courts of Appeal:
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of ...
,
Amsterdam
Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the Capital of the Netherlands, capital and Municipalities of the Netherlands, most populous city of the Netherlands, with The Hague being the seat of government. It has a population ...
,
Arnhem
Arnhem ( or ; german: Arnheim; South Guelderish: ''Ăˆrnem'') is a city and municipality situated in the eastern part of the Netherlands about 55 km south east of Utrecht. It is the capital of the province of Gelderland, located on both banks of ...
-
Leeuwarden
Leeuwarden (; fy, Ljouwert, longname=yes /; Town Frisian: ''Liwwadden''; Leeuwarder dialect: ''Leewarden'') is a city and municipality in Friesland, Netherlands, with a population of 123,107 (2019). It is the provincial capital and seat of the ...
and
's-Hertogenbosch
s-Hertogenbosch (), colloquially known as Den Bosch (), is a city and municipality in the Netherlands with a population of 157,486. It is the capital of the province of North Brabant and its fourth largest by population. The city is south of th ...
.
They deal with appeals from the District Courts, re-examining the case and giving their own verdict. In addition to criminal and civil cases, the Courts of Appeal also deal with appeals against tax assessments in their capacity as Administrative Courts. Their decision may be contested by appealing in cassation (i.e. for the verdict to be overturned) to the Supreme Court of the Netherlands.
Supreme Court
Located in the Hague, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
is the highest court in the Netherlands for civil, criminal and tax law cases. It also deals with appeals from the
Joint Court of Justice of the Netherlands Antilles and Aruba
A joint or articulation (or articular surface) is the connection made between bones, ossicles, or other hard structures in the body which link an animal's skeletal system into a functional whole.Saladin, Ken. Anatomy & Physiology. 7th ed. McGraw- ...
. It has some 35 judges.
Special Administrative Tribunals and Administrative Supreme Court
There are three special tribunals in the Netherlands that deal in specific areas of administrative law.
The Central Appeals Tribunal is based in
Utrecht
Utrecht ( , , ) is the List of cities in the Netherlands by province, fourth-largest city and a List of municipalities of the Netherlands, municipality of the Netherlands, capital and most populous city of the Provinces of the Netherlands, pro ...
and deals in the area of social security and the civil service.
The Trade and Industry Appeals Tribunal is based in the Hague and deals in the area of social-economic administrative law and with appeals regarding specific laws, such as the Competition Act or the Telecommunications Act.
The Administrative Jurisdiction Division of the Council of State is based in the Hague and hears appeals by members of the public, associations or commercial companies against decisions by municipal, provincial or central governmental bodies.
References
See also
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Law of the Netherlands
The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the Fr ...
*
Law firms of the Netherlands In 2019, the top 50 Dutch law firms ( nl, advocatenkantoren) had around 4,476 attorneys ( nl, advocaten) and the top 30 law firms had around 183 notaries ( nl, notarissen) and 527 candidate notaries. According to the Chambers and Partners legal dir ...
{{Judiciaries of Europe
Government of the Netherlands
Law of the Netherlands