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Encyclopedia > Dutch Ministry of Justice

The Netherlands is a civil law country. Laws are written down, the application of customary law is the exception and 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 French Code Civil with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German Bürgerliches Gesetzbuch. Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ... Roman law is the legal system of ancient Rome. ... Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ...


The primary law making body is formed by the Dutch parliament in cooperation with the government. When operating jointly to create laws they are commonly referred to as the legislature (Dutch: "wetgever"). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).

Contents

Areas of law

The domain of Dutch law is commonly divided in the following areas:

Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... International law (also called public international law to distinguish from private international law, i. ...

Civil law

Civil law is the domain of law that regulates the everyday life of persons and other legal entities (such as corporations). Civil law or continental law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ...


Criminal law

Criminal law deals with the prosecution and punishment of criminal offenses. The main code is the Wetboek van Strafrecht (nl). Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...


Constitutional law

Constitutional law involves itself with the constitution and the structure of the Netherlands. It involves the powers of democratic institutions, the organisation of elections and the divisions of powers between central and local governments. See also the article on the Constitution of the Netherlands. An interesting aspect of Dutch constitutional law is that judges are not allowed to determine the consitutionality of laws created by the legislature (the government and parliament acting jointly). Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... The present constitution of the Netherlands dates back to 1815. ...


Administrative law

Administrative law is the area of law that regulates the operation of the various levels of government and the way persons and legal entities can appeal decisions of the government. The basics of Dutch administrative law were overhauled completely in 1994 with the advent of the new Basic Administrative Law (Dutch: "Algemene Wet Bestuursrecht"). Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ...


European law

European law deals with the influence of laws and regulations of the European Union in the laws of the Netherlands. The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...


International law

International law (a.k.a. the law of nations) involves the application of international laws (mostly laid down in treaties) in the Netherlands. The Dutch constitution contains a clause that allows the direct application of most international laws in Dutch courts. The laws that regulate jurisdiction and applicable law in cases with an international aspect (e.g. because parties come from different countries) are not part of international law but form a specific branch of civil law. International law (also called public international law to distinguish from private international law, i. ...


History

From ancient times the low lands that became the Republic of the Seven United Netherlands (see also Dutch Republic) were ruled by a patchwork of customary law with a (depending on the region) more or less prevalent role for roman law as a secondary source of law. This period of customary law ended in 1806 when the Dutch Republic ceased to exist and the Kingdom of Holland was created under French rule (King Louis Bonaparte, third brother of Napoleon Bonaparte). Map of Dutch Republic by Joannes Janssonius United Netherlands redirects here. ... Roman law is the legal system of ancient Rome. ... 1806 was a common year starting on Wednesday (see link for calendar). ... The Kingdom of Holland 1806 - 1810 (Koninkrijk Holland in Dutch, Royaume dHollande in French) was set up by Napoleon Bonaparte as a puppet kingdom for his third brother, Louis Bonaparte, in order to better control the Netherlands. ... Louis I Napoleon Bonaparte, King of Holland, Grand Duke of Berg and Cleves, Count of Saint-Leu (Lodewijk Napoleon in Dutch) (September 2, 1778 – July 25, 1846) was the fifth surviving child and fourth surviving son of Carlo Buonaparte and Letizia Ramolino. ... Bonaparte as general Napoleon Bonaparte ( 15 August 1769 – 5 May 1821) was a general of the French Revolution and was the ruler of France as First Consul (Premier Consul) of the French Republic from November 11, 1799 to May 18, 1804, then as Emperor of the French (Empereur des...


With French rule came a French way of running the state: a centrally led and efficiently operating civil service and a new system of positive law: the Code Civil. After the defeat of Napoleon a new Dutch state was created comprising the Netherlands and Belgium. The Dutch did not want to go back to the days of legal diversity (local customary laws) and a project was started to create a Dutch civil law book. After the breakaway of Belgium in 1830 the new law book (which had not yet entered force) had to be overhauled again to be cleansed of "Belgian influences". The new law book gained force of law in 1838. Positive law is law that has been codified into a written form. ... The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ... Liberty Leading the People by Eugène Delacroix commemorates the July Revolution 1830 (MDCCCXXX) was a common year starting on Friday (see link for calendar). ...


After the second world war professor E.M. Meijer was commissioned to create a new civil law book. After his death in 1954 work on the new law book continued but the process was slowed down considerably. Nevertheless his "new civil law book" entered force in various parts over a period spanning from 1970 to 1992. Book 4 (inheritance law) was overhauled in 2003.


Ministry of Justice

The current justice minister is Ernst Hirsch Ballin. A justice minister is a ministerial position in the governments of some countries, with general responsibility for policing and the maintenance of public order. ... Ernst Maurits Henricus Hirsch Ballin (born Amsterdam, December 15, 1950) is a Dutch politician, Minister of Justice during the third Lubbers cabinet (1989-1994), and successor of Piet Hein Donner as justice minister in the third Balkenende cabinet (2006). ...


There are four directorates-general. The Dutch Forensic Institute is an autonomous division of the Ministry of Justice resorting under the Directorate-General for Law Enforcement. The Dutch Forensic Institute, (Dutch Nederlands Forensisch Instituut) is the national forensic pathology institute of the Netherlands. ...


Miscellaneous

Since 2005 every person over 14 years of age must always carry a passport, driving licence, Dutch/European identity card or (for foreigners) an aliens document.[1] For Microsoft Corporations universal login service, see Microsoft Passport Network. ... Driving licences within the European Union are subdivided in different categories. ... German identity document sample An identity document is a piece of documentation designed to prove the identity of the person carrying it. ... In law, an alien is a person who is not a native or naturalized citizen of the land where they are found. ...


See also

World distribution of major legal traditions The four major legal systems of the world today consist of civil law, common law, customary law, and religious law. ... The present constitution of the Netherlands dates back to 1815. ... The drug policy of the Netherlands is based on 2 principles: Drug use is a public health issue, not a criminal matter A distinction between hard drugs and soft drugs exists It is a pragmatic policy. ... Dutch citizenship is based primarily on the principle of Jus sanguinis. ... Hoge Raad der Nederlanden is the Supreme Court of the Netherlands, situated in The Hague. ... In the Netherlands there is an income tax, which is roughly as follows. ... This is a list of public outdoor clothes free areas for recreation. ... Lolicon art often depicts childlike characteristics with possible double meanings. ... Netherlands copyright law (called Auteursrecht) grants exclusive rights to the author of a work of literature, science or art. ... Prostitution is legal in the Netherlands. ...

External links

  • Ministry of Justice press releases

 
 

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