ACCESS TO JUSTICE IN HOLLAND - A SUMMARY (FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M CAPPELLETTI AND B GARTH SEE NCJ-61132)

• NCJ Number: 61144
• Author(s): J C HOUTAPPEL
• Date Published: 1978
• Length: 16 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: THIS SUMMARY WAS PREPARED BY ERIC ROTHFELD, APPROVED BY THE AUTHOR

Annotation

PROCEDURES IN HOLLAND FOR INCREASING CITIZEN'S ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DESCRIBED, CONCENTRATING ON REDUCING THE COSTS OF LEGAL ASSISTANCE.

Abstract

EXCEPT IN THE CANTON COURTS (COURTS HAVING JURISDICTION OVER MODEST CLAIMS), LEGAL REPRESENTATION THROUGH AN ATTORNEY IS COMPULSORY IN HOLLAND. AS A PRACTICAL MATTER, LEGAL ASSISTANCE IS CONSIDERED NECESSARY EVEN IN THE CANTON COURTS FOR A PARTY NOT LEGALLY TRAINED. ACCEPTING THIS NEED FOR LEGAL EXPERTISE IN LITIGATION, EFFORTS TO INCREASE ACCESS TO JUSTICE HAVE AIMED AT DIMINISHING THE COSTS OF LEGAL ASSISTANCE AND DEVELOPING ALTERNATIVE METHODS OF FUNDING. SIMPLIFICATIONS IN CIVIL PROCEEDINGS INCLUDE (1) PRELIMINARY ACTION ON SMALL, UNCONTESTED CLAIMS; (2) PROVISION FOR CLAIMANTS TO WRITE AN INFORMAL LETTER TO THE PROPER CANTON COURT IN MATTERS RELATED TO EMPLOYMENT CONTRACTS AND 'HIRE PURCHASE OF MOVEABLE GOODS;' (3) IMMEDIATE HEARINGS BEFORE A JUDGE, WHOSE DECISIONS CAN BE TEMPORARILY EXECUTED PENDING ANY COURT DECISION ON APPEAL; AND (4) SIMPLIFIED PROCEDURES FOR INDEMNIFICATION OF PARTIES INJURED BY AIR POLLUTION. COURT PROCESSING COSTS ARE ALSO REDUCED THROUGH PROVISION FOR COLLECTIVE ACTIONS, ADMINISTRATIVE PROCEDURES, AND ARBITRATION PROCEEDINGS. FURTHER EFFORTS TO REDUCE THE COSTS OF CIVIL PROCEEDINGS INCLUDE (1) PROVISION FOR COURTS TO WAIVER COURT COSTS FOR THOSE UNABLE TO PAY; (2) FREE LEGAL AID FOR THOSE WHO QUALIFY; (3) LAW SHOPS WHICH PROVIDE LEGAL ADVICE FOR THE POOR IN CANTON COURTS; AND (4) ORGANIZATIONS WHICH PROVIDE LEGAL AID FOR THEIR MEMBERS. FOOTNOTES ARE INCLUDED. (RCB)