LITIGATION IS A SKILLED PROFESSION (part 7)

Injunctive relief

Apart from seizures it is also possible to consider an application for interim injunctive relief (voorlopige voorziening). The Judge for Interim Relief can render so-called provisional relief, for instance order a building freeze or order the counterparty to pay an advance on the compensation. Such a provision is called provisional because it is a measure in the interests of maintaining order to which the court dealing with the principal case is not bound. So it may well be the case that the provisional judgment of the Judge for Interim Relief differs fundamentally from the judgment of the court …
Read the rest »

07
Jun 2013
CATEGORY

Legal

COMMENTS No Comments

PUBLIC AUTHORITIES AND GOOD GOVERNANCE

European Court of Human Rights on good governance

The European Court of Human Rights (2 October 2012, Case of Czaja v. Poland, 5744/05) reiterates the particular importance of the principle of good governance. It requires that where an issue pertaining to the general interest is at stake, especially when it affects fundamental human rights, including property rights, the public authorities must act promptly and in an appropriate and above all consistent manner. It is desirable that public authorities act with the utmost care, in particular when dealing with matters of vital importance to individuals, such as welfare …
Read the rest »

12
Feb 2013
CATEGORY

Legal

COMMENTS No Comments

STANDARDS OF DUE PROCESS APPLICABLE IN THE DUTCH CARIBBEAN

The Supreme Court applies strict standards

In respect of the standards of due process applicable in the Netherlands Antilles and Aruba, the European Convention for the Protection of Human Rights and Fundamental Freedoms (EVRM) applies, including article 6, which safeguards the right of due process.

The first sentence of article 6 EVRM reads as follows: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.

The requirement of a ‘fair hearing’ has …
Read the rest »

07
Sep 2010
CATEGORY

Legal

COMMENTS No Comments