LAW
The
Netherlands Justice Ombudsman is committed to the introduction of the
Rule of Law to the Netherlands. The laws which are primarily applied
by The Netherlands Justice Ombudsman are the international
treaties and agreements ratified by the Netherlands, especially the
European Convention on Human Rights and European Union laws. These
international laws and standards of conduct have primacy in the Netherlands. All
Dutch domestic laws and regulations are secondary;
and the hierarchy of law applied by The Netherlands Justice
Ombudsman
is as follows:
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Charter of the Netherlands
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International Treaties
European Convention on Human Rights
European Union Laws and Regulations |
Constitution
Articles 94 & 120 gives primacy to the international
agreements
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Resolutions of International Organisations
Decisions of the European Court of Human Rights
Decisions of the European Court of Justice
Council of Europe Decisions
European Prison Rules |
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Acts of Parliament
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Civil & Criminal
Statutory Laws
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Delegated legislation
Orders-in-Council
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Decentralised Regulations
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Ministerial Regulations
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Ministerial
Prison
Regulations
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Prison
Statute
(PbW)
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Regulations: Professional & Public
Statutory Bodies |
Regulations:
Social-Economic Council |
Provincial By-Laws
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Ministers |
Ministerial Departments |
State Civil Servants |
Prison Rules & Conditions
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Advocates,
Chambers of
Commerce, el al. |
Statutory Bodies for
Trade, Industry,
el al. |
Municipal
By-Laws |
Regulations of
Quasi-governmental
organisations |
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Courts and
Administrative Councils |
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POLICY
Any
person, company, or organisation from any country can ask The
Netherlands Justice Ombudsman to intervene in problems with the Judicial or Executive branch
of the Dutch State. Where a case is accepted by The Netherlands
Justice Ombudsman there is no charge to the applicant and all costs are
recovered from the Dutch State when the case is resolved.
The
Policy of The Netherlands Justice Ombudsman is to determine if the
Dutch judiciary and government (and its agencies) have complied with
the law. Any failure to comply with the law will render the
individuals concerned liable to sanctions and will render the
Netherlands subject to economic and political penalties.
The
Netherlands Justice Ombudsman in not primarily concerned with the
merits of any civil litigation or criminal proceedings, but monitors
the proper administration of justice and if there has been a fair
trial or adjudication.
It is
frequently the case that the judicial or executive branch of the
Dutch State will actually contravene the law through procedural
illegalities, or by fabricating or suppressing evidence, or by
perverting the course of justice; and in these circumstances
especially vigorous measures are taken against the individuals
concerned and against the political and economic interests of the Netherlands.
It
will be noticed that the terms and allegations used by The
Netherlands Justice Ombudsman are aggressive and forthright; and the
reason for this is not gratuitous impoliteness, but reflects the
despair that many Europeans have at the very sad, corrupt and
criminal state of the Dutch Judiciary and Government. The
Dutch Judiciary, the Dutch Government, and the abuses of the Rule of
Law in the Netherlands will not improve unless one squarely
confronts the inadequacies and the criminality of the individuals
involved. If the situation in the Netherlands eventually improves
then the frank terminology of The Netherlands Justice Ombudsman will
moderate; until that time The Netherlands Justice Ombudsman will
call a Nazi a Nazi, and if Dutch judges, prosecution officers and
ministers object to that definition then the simply solution is that
they stop behaving like Nazis.
Also see
Frequently Asked Questions
