N-Π* State

Organizing Technical Knowledge in Environmental and Planning Law Disputes in the Netherlands – the Foundation of Independent Court Experts in Environmental and Planning Law

“…49 More important is that its objectivity and impartiality are undisputed and in almost all cases this is admitted by all parties. 50 If ad hoc experts have to be appointed, the courts have to check carefully and ensure that the experts not only have no formal or other relationships with one of the parties, but also that they are completely independent, free to speak and do not have to take other interests into account. In some sub-areas of environmental law, there are only very few technical experts, that is Dutch-speaking technical experts.…”

“…51 Moreover, even if the courts could find independent and impartial experts, the parties might dispute the objectivity and impartiality of the experts. This can easily lead to a ``battle of experts'' 52 and create an extra workload that prolongs the procedure. 53 That the STAB as an institution is independent as it only works for the judiciary does not of course automatically ensure that the experts employed by the STAB are independent and act independently.…”