Law and Legal Skills: The Dutch Example
LLB International and European Law | Year 1 | Block 1
Lecture Summaries and Seminar Take-Aways, complete with tips for Part B Legal Skills.
Table of Contents
PART A: LAW 1
Week 1: Introduction to (Dutch) Law 1
Seminar 1: Main Take-Aways 4
Week 2: Constitutional Law 6
Seminar 2: Main Take-Aways 9
Week 3: Administrative Law 11
Seminar 3: Main Take-Aways 15
Week 4: Criminal Law 17
Seminar 4: Main Take-Aways 20
Week 5: Private / Civil Law 22
Seminar 5: Main Take-Aways 24
Week 6: International Law 26
Seminar 6: Main Take-Aways 29
Week 7: European Union Law 30
Seminar 7: Main Take-Aways 34
PART B: LEGAL SKILLS 36
,PART A: LAW
Week 1: Introduction to (Dutch) Law
Two Main Legal Systems
Civil Law Common Law
● French + German legal tradition ● English legal tradition
● Codification ● Judge-made law
○ Arranging laws into a ○ Judges, in interpreting existing
systematic code, e.g. into Acts law, may need to make a
○ Enacted > unwritten law decision with no settled
precedent. In doing so, this
decision becomes law.
○ Unwritten > enacted law
Law = a body of rules with binding legal force that are prescribed, recognized and enforced by a
controlling authority.
Functions of Law
Substantive Law Procedural Law
● Avoiding conflicts via regulation ● Resolving conflicts
● Establishing how people have to ● Procedures by which substantive law
behave can be enforced.
● Rights, obligations, prohibitions
(Dutch) Sources of Law
Treaties, Principles, Judicial rulings, Statutes, Custom
[Religious texts, Moral beliefs] → not recognised by NL law.
Written / Unwritten Law
Enacted (written) Law Unwritten Law
● Treaties, constitutions, statutory law ● Case law, customs, principles
○ Statutes from the formal ● Not literally ‘unwritten’
legislator
○ Other legislation from lower
authorities
Enacted Law Sources
Treaties
1
, ● Conventions, pacts, protocols (all mean the same)
○ International legislation
○ Are either bilateral (2 states) or multilateral (more than 2 states)
Constitution
● Contains main laws of the country + basic human rights
● The foundation of a government organization, e.g.:
○ Independent judiciary
○ Elections and how they work
○ Government bodies with law-making power
Statutes
● 1: from the formal legislator (AKA government + parliament)
● 2: legislation from lower authorities
○ Government: order in Council, Royal Decree, Government Regulation
○ Minister: regulations
○ Provincial states, municipal councils, water boards: by-laws
Hierarchy of Dutch Enacted Law
1. Treaties
2. Charter for the Kingdom of The Netherlands
3. Constitution
4. Acts of Parliament
5. Order in Council (royal decree, government regulation)
6. Ministerial regulation
7. Provincial / municipal by-laws
Conflict Rules
= ways to handle situations where legal rules from different legislation are conflicting.
● Higher rule > lower rule (regarding position in hierarchy)
● Most recent rule > older rule
● Specific rule > general rule
Unwritten Sources
= sources that more generally surround the hierarchy.
Case Law
● Rulings of judges
● Considered an additional source in The Netherlands
● NO formal principle of precedent
○ No stare decisis = “let the decision stand”
○ In practice, courts abide rulings of highest court (e.g. the supreme court)
Customary Law
● Consists of two elements:
2
, ○ Usus = state practice
○ Opinio iuris = belief that the practice is required / prohibited / allowed as a
matter of law (confidence rule)
General Principles
● Supplement law → general principles of good governance
○ Estoppel principle = prevention of asserting a right that contradicts what was
previously said / agreed to by law
Areas of Law
Private law = between private parties, natural / legal persons, and regarding individual interest
– even if it is the state acting as a private party.
Public law = between government and private parties.
Constitutional Law Administrative Law Criminal Law
State organization Governs actions towards Criminal acts
● organs private parties ● Investigation and
● Administrative prosecution
authorities and ● The monopoly of the
citizens prosecution's office
**Each contains both procedural and substantive law.**
The Dutch Court System
Cassation
3
