Accelerating Court Proceedings with the Dutch Crisis and Recovery Act: Direct and Indirect Effects of Procedural Provisions
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In 2008 in response to the global economic crisis the Dutch government enacted the Crisis and Recovery Act, aimed at accelerating various projects to strengthening the Dutch economy. This act contained measures to expedite appeals, introduced a ‘relativity’-principle and limited judicial review. Our evaluation, two years after coming into force of the act, shows that the measures have a negligible effect on accelerating projects and that several side-effects can be identified. We conclude that some measures should be reconsidered.
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4)
ABRvS 1 April 2011, ECLI:NL:RVS:2011:BQ0269, AB 2011/108, BR 2011/109, M en R 2011/111. In 2013 the CRA will be amended to correspond with the original idea of the provision.
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5)
ABRvS 7 December 2011, ECLI:NL:RVS:2011:BR4025 and ABRvS 29 July 2011, ECLI:NL:RVS:2011:BR4025.
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Gerdy Jurgens, ‘Introduction of a Relativity-related Requirement in Dutch Administrative Law. Will the Introduction of a Relativity-related Requirement in Dutch Administrative Law be in Breach of Community Law?’, JEEPL 2007, p. 260–269. See for the conclusion that the provision is not in breach of Articles 6 and 13 of the ECHR (access to court) ABRvS 23 February 2011, ECLI:NL:RVS:2011:BP5479.
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Accelerating Court Proceedings with the Dutch Crisis and Recovery Act: Direct and Indirect Effects of Procedural Provisions
In: Journal for European Environmental & Planning LawSearch for other papers by K.J. de Graaf in
Current site
Google Scholar
PubMed
Search for other papers by A.T. Marseille in
Current site
Google Scholar
PubMed
Search for other papers by F.J. Jansen in
Current site
Google Scholar
PubMed
In 2008 in response to the global economic crisis the Dutch government enacted the Crisis and Recovery Act, aimed at accelerating various projects to strengthening the Dutch economy. This act contained measures to expedite appeals, introduced a ‘relativity’-principle and limited judicial review. Our evaluation, two years after coming into force of the act, shows that the measures have a negligible effect on accelerating projects and that several side-effects can be identified. We conclude that some measures should be reconsidered.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 222 | 27 | 13 |
| Full Text Views | 90 | 0 | 0 |
| PDF Views & Downloads | 18 | 2 | 0 |