Accelerating Court Proceedings with the Dutch Crisis and Recovery Act: Direct and Indirect Effects of Procedural Provisions

Abstract

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.

The future Dutch Environment and Planning Act in light of the ecosystem approach

“…23.3(2) EPA). This provision on experimental projects builds upon Article 2.4 of the Crisisand Recovery Act (which came into force in 2010) dealing with innovative projects (Verschuuren, 2010;De Graaf et al, 2013). The scope of the criterion used to designate experimental projects under the EPA is much wider (Tolsma and De Graaf, 2016).…”

Paul Krugerbrug Revisited: State Action with an Excessive Impact on Property Rights from a Comparative Perspective

“…42 Th is decision is called a dependent decision on damages (onzelfstandig schadebesluit) because the decision on the damages was linked to the decision on the substance. 43 In line with the Judicial Division's jurisprudence in the Paul Krugerbrug case, the whole decision, including the decision on the substance, would otherwise be arbitrary. 44 Th e aff ected person had to lodge an appeal against that decision, and judges could set aside the unlawful decision in its entirety.…”

“…43 In line with the Judicial Division's jurisprudence in the Paul Krugerbrug case, the whole decision, including the decision on the substance, would otherwise be arbitrary. 44 Th e aff ected person had to lodge an appeal against that decision, and judges could set aside the unlawful decision in its entirety. 45 Otherwise, no compensation could be awarded.…”