%{search_type} search results

183 catalog results

RSS feed for this result
Book
109 pages ; 22 cm
  • Introduction
  • Family law
  • Youth care
  • Child protection
  • Juvenile justice
  • Migration law
  • Convention on the Rights of the Child.
This book gives a very brief introduction to the extensive field of Dutch juvenile law. It offers a concise account of some of the most relevant and most typical points in various legal fields, including aspects of child protection and juvenile justice, as well as aspects of family law such as parenthood, minority and parental authority, youth care and migration law. Various Dutch laws and regulations that are relevant to children are compared to corresponding laws and regulations in other countries.
(source: Nielsen Book Data)9789462367395 20171009
Law Library (Crown)
Book
xiv, 273 pages ; 24 cm.
  • Full criminal proceedings in decline
  • Diversions, shortcuts and the concept of fairness
  • Diversions and shortcuts in Dutch law of criminal procedure
  • Diversions and shortcuts in the law of international criminal procedure
  • Avoiding a full criminal trial : evading fairness?
  • Why fairness matters.
In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.
(source: Nielsen Book Data)9789462651524 20161213
Law Library (Crown)
Book
xxi, 610 pages ; 25 cm
  • Dutch legal system
  • Private law
  • Public law
  • Social and economic law
  • Legal philosophy.
Law Library (Crown)
Book
209 pages ; 25 cm
  • Preface
  • The opinion
  • The opinion giver's duty of care
  • The preparation and delivery of an opinion
  • The form of an opinion
  • The heart of an opinion
  • Capacity opinions
  • Enforceability opinions : agreements
  • Enforceability opinions : security rights
  • Enforceability opinions : shares
  • Enforceability opinions : choice of forum and choice for arbitration
  • Diligence opinions
  • Tax opinions.
Entering into a transaction inevitably involves risks, including legal risks. If there is a Dutch connection, there may well be Dutch legal risks. The purpose of a Dutch law opinion is to analyse those risks. The opinion giver, an appropriately qualified legal expert (a lawyer (advocaat), civil-law notary (notaris) or sometimes an in-house lawyer), confirms in the opinion that certain risks do not exist and highlights risks that do. This gives the opinion recipient a basis for determining whether, after weighing up the pros and cons, it is responsible from a Dutch law perspective to enter into the particular transaction.The expert giving an opinion must provide the care required by Dutch law. Since failure in his duty of care may render him liable for damage sustained by the opinion recipient, an opinion giver must know what level of care is required of him. Equally, an opinion recipient must know what level of care it can expect. As luck would have it, legal opinions have largely become standardised and this in turn has had the effect of standardising the opinion giver's duty of care.That duty of care is the subject of this book, which is intended as a practical guide to Dutch law opinions and the various elements that comprise them. Based on practice and with its focus on practice, the guide describes/ analyses which risks will typically be indicated in an opinion and whichrisks will not, clarifying the level of care an opinion giver must provide and an opinion recipient may expect.
(source: Nielsen Book Data)9789462367005 20170821
Law Library (Crown)
Book
x, 52 pages : illustrations ; 25 cm.
  • Procedure of the pre-trial detention decision making
  • Substance of pre-trial detention decision making
  • Review of pre-trial decisions
  • Outcomes of criminal proceedings in which pre-trial detention is applied
  • Conclusions and recommendations.
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR.This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors.The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards.However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy.
(source: Nielsen Book Data)9789462366879 20161003
Law Library (Crown)
Book
x, 52 pages : illustrations ; 25 cm.
  • 1. Executive Summary-- 2. Introduction-- 3. Methodology of the Research Project-- 4. Context-- 5. Procedure of Pre-Trial Detention Decision Making-- 6. Substance of Pre-Trial Detention Decision Making-- 7. Alternatives to Pre-Trial Detention-- 8. Review of Pre-Trial Detention-- 9. Outcomes of Criminal Proceedings in which Pre-Trial Detention is Applied-- 10. Conclusions and Recommendations-- References.
  • (source: Nielsen Book Data)9789462366879 20161003
The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR.This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors.The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards.However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy.
(source: Nielsen Book Data)9789462366879 20161003
Green Library
Book
viii, 144 pages ; 24 cm.
  • General introduction
  • Status of religious communities
  • Relations between the state and Islam
  • State support for Islamic religious communities
  • Muslims in integration law
  • Mosques and prayer houses
  • Burial and cemeteries
  • Education and schools
  • Further and higher (tertiary) education
  • Islamic chaplaincy in public institutions
  • Employment and social law
  • Islamic slaughter
  • Islamic dress
  • Criminal law
  • Family law.
This volume of "Annotated Legal Documents on Islam in Europe" covers the Netherlands and consists of an annotated collection of legal documents affecting the status of Islam and Muslims in Europe. The legal texts are published in the original Dutch language while the annotations and supporting material are in English.
(source: Nielsen Book Data)9789004290174 20160619
Law Library (Crown)
Book
50, 54 pages ; 21 cm
Law Library (Crown)
Book
190 pages ; 24 cm
Law Library (Crown)
Book
2 volumes ; 26 cm.
  • v.1. Influence of EU law on national private law (General part)
  • v.2. Invloed van het Europese recht op het Nederlandse privaatrecht (Bijzonder deel).
Law Library (Crown)
Book
ix, 171 pages : illustrations ; 25 cm.
  • Offender's personal circumstances and punishment : toward a more refined model for the explanation of sentencing disparities
  • Pre-sentence reports and punishment : a quasi-experiment assessing the effects of risk-based pre-sentence reports on sentencing
  • 'Does he deserve another chance? Or have we had it with him?' Judges on the role of the risk of recidivism in sentencing
  • Sentencing homicide offenders in the Netherlands : offender, victim and situational influences in criminal punishment
  • There's more to sentencing than imprisonment : the effects of offender characteristics on multifarious sentencing outcomes.
The sentencing decision of the judge might be the most important decision in the criminal proceedings, not only because of the impact the punishment has on the offender, but also because the sentencing decision is a cornerstone of the legitimacy of the entire criminal justice system. Nonetheless, there still are questions about the factors judges take into account when making their sentencing decision. This study aims to improve our understanding of the sentencing decisions judges make. The developments in criminal justice practices as regards the emergence of 'actuarial justice' have directed the focus of this study to risk-based sentencing: are offenders with a high risk of reoffending more likely to be sentenced to imprisonment and to longer prison terms than low-risk offenders? To what extent do judges take information into account on the risk-related personal characteristics of the offender, such as unemployment, ties to family or friends, or drug usage, when making their sentencing decision? Using uniquely detailed data on risk-related social circumstances of the offender, and advanced quantitative and qualitative research methods, this study provides in-depth insight into sentencing.
(source: Nielsen Book Data)9789462364790 20160618
Law Library (Crown)
Book
xxvii, 1301 pages ; 25 cm
Law Library (Crown)
Book
xx, 232 pages ; 25 cm
Law Library (Crown)
Book
554 pages ; 24 cm
  • The making of the Auteurswet 1912 / Willem Grosheide
  • Works of literature, science and art / Bernt Hugenholtz
  • Geschriftenbescherming : the Dutch protection for non-original writings / Annemarie Beunen
  • 100 years of copyright : the interface with design law coming full circle? / Anselm Kamperman Sanders
  • Authorship, copyright ownership and works made on commission and under employment / Jacqueline Seignette
  • Government works / Mireille van Eechoud
  • Copyright contract law / Bart Lenselink
  • Verveelvoudigen : reproduction and adaptation under the 1912 Copyright Act / Jaap Spoor
  • Openbaar maken : communication to the public / Dirk Visser
  • Cable retransmission and other secondary use / Madeleine de Cock Buning
  • "First-sale" or exhaustion doctrine in the Netherlands / Peer Verkade
  • Moral rights / Jan Kabel and Antoon Quaedvlieg
  • Quotations, parody and fair use / Martin Senftleben
  • Private copying / Dirk Visser
  • The press exception in the Dutch Copyright Act / Lucie Guibault
  • Regulation of collecting societies / Kamiel Koelman
  • Annex. Copyright Act = Auteurswet : unofficial translation / Mireille van Eechoud.
On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been thoroughly revised, so its conception and basic structure have remained essentially intact. This book celebrates the hundredth anniversary of the Dutch Act. It traces and assesses, for an international readership, the development of Dutch copyright law since its codification in 1912 until today. The book focuses on the interesting or even unique features of Dutch copyright law, with a view to the on-going harmonization of copyright law in the European Union, and possible future unification. What can Europe or the world at large learn from a century of Dutch copyright law, jurisprudence and doctrine? What solutions might inspire the European legislature or law makers elsewhere in the world? What mistakes are better to be avoided?
Law Library (Crown)
Book
ix, 275 p.
  • pt. 1. Theory and methodology
  • pt. 2. The emergence of new ideas in the policy discourse
  • pt. 3. The establishment of the life course arrangement
  • pt. 4. Governmentality and the constructionof the new worker
  • pt. 5. Main findings, conclusion and outlook.
Book
xxi, 638 p. ; 24 cm.
  • Terrorism as timeless trend : an introduction
  • The criminalisation of terrorist offences
  • Allegedly involved in terrorist activities
  • Assumed connections with terrorism
  • Indications of a terrorist offence
  • A reasonable suspicion
  • Serious objections
  • Blacklisted as a terrorist
  • Conclusions and recommendations.
Since the 9/11 terrorist attacks in the USA, combating terrorism has gained top priority in Dutch politics. This counter-terrorism policy primarily focuses on prevention and has led to extensive anti-terrorism legislation in the field of substantive criminal law and criminal procedure. However, existing public order law and private law are used to counter terrorism as well, while legislative initiatives to better prevent terrorism were taken in the field of administrative law. The European Union has also adopted a firm anti-terrorism policy which led to national anti-terrorism legislation. This book discusses the scope of the prevention-oriented Dutch anti-terrorism legislation within and beyond criminal law and its impact on principles of (criminal) law and on fundamental legal rights as enshrined in the European Convention on Human Rights - which in case of the Netherlands is higher law. The central question is to what extent the statutory criteria for the application of pre-trial anti-terrorism powers and measures and their practical implementation, especially as regards to the required level of suspicion, within the criminal justice system, public order law, administrative law and European Union law, are in compliance with the relevant fundamental legal rights and principles of law as enshrined in the applicable European treaties. To answer this question, three important aspects of the Dutch legislative anti-terrorism policy are discussed. Firstly, it is ascertained what in fact constitutes an act of terrorism according to the Dutch criminal law system, and how, and to what extent, the criminalisation of terrorism affects criminal liability, particularly during the pro-active phase. Secondly, the book discusses what level of suspicion is required to apply which powers and/or measures to prevent terrorism. Thirdly, the way the application of these state powers, particularly in light of their criteria for application, affects which fundamental legal rights and principles of law is scrutinised. Is there in fact a disrupted balance between the need to prevent acts of terrorism and mandatory compliance with fundamental legal rights and principles of law? If so, to what extent, and regarding which legal anti-terrorism instruments? Are there ways to ensure full compliance with these legal rights and principles throughout the state's legitimate endeavour of effectively countering terrorism?
(source: Nielsen Book Data)9781780680422 20160608
Law Library (Crown)
Book
xx, 223 pages ; 25 cm.
Law Library (Crown)
Book
viii, 228 p. ; 24 cm.
  • 25 years of criminal procedure in the Netherlands / Geert Corstens
  • The Dutch system of legal remedies / Jan Watse Fokkens, Nathalie Kirkels-Vrijman
  • The judge in the pre-trial investigation / Stijn Franken
  • Some main findings of 'Strafvordering 2001' and the subsequent reform of Dutch criminal procedure / Marc Groenhuijsen
  • The extrajudicial disposal of criminal cases / Tijs Kooijmans
  • Internal access in the preliminary investigation / Dirk van der Landen
  • The examination in court according to criminal procedure 2001 (Strafvordering 2001), partly as a reflection on trial by jury / Theo de Roos
  • The law of evidence and substantiation of evidence / Joep Simmelink
  • Reform proposals on Dutch criminal procedure : a German perspective / Thomas Weigend
  • A review of the criminal courts of England and Wales / by the Right Honourable Lord Justice Auld.
During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project 'Strafvordering 2001' aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic approach of criminal procedure. The Dutch government responded to the research findings by means of the introduction of several legalislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.
(source: Nielsen Book Data)9789004204935 20160612
Law Library (Crown)
Book
viii, 228 p.
  • Preface-- 25 years of criminal procedure in the Netherlands Geert Corstens 1. Introduction 2. Moons Committee and Criminal Procedure (Strafvordering) 2001 3. Consensuality in criminal law 4. Protection of the accused and the victim 5. More powers for the police and Public Prosecution Service 6. Flexible review by the criminal court of breaches of procedural rules 7. Conclusion The Dutch system of legal remedies Jan Watse Fokkens and Nathalie Kirkels-Vrijman 1. Introduction 2. Appeal 3. Appeal in cassation 4. Retrial 5. Conclusion The judge in the pre-trial investigation Stijn Franken 1. The narrow margins of the debate 2. Theory and practice 3. The duties of the examining magistrate 4. Not more, but less and better Some main findings of 'Strafvordering 2001' and the subsequent reform of Dutch criminal procedure Marc Groenhuijsen 1. Introduction 2. Main reasons for dysfunctional Code and ad hoc solutions 3. The research project 'Strafvordering 2001': scope, method and main findings 4. How did the government respond to these findings? 5. Reflection on general trends 6. Conclusion The extrajudicial disposal of criminal cases Tijs Kooijmans 1. Introduction 2. Historic backgrounds of the punishment order 3. The main aspects of the Public Prosecution Service (Settlement) Act 4. Similarities and differences between Criminal Procedure 2001 and the Public Prosecution Service (Settlement) Act 5. In conclusion Internal access in the preliminary investigation Dirk van der Landen 1. Introduction 2. The statutory rules on internal access to the preliminary investigation 3. Criminal Procedure 2001 (Strafvordering 2001) 4. In conclusion The examination in court according to Criminal Procedure 2001 (Strafvordering 2001), partly as a reflection on trial by jury Theo de Roos 1. Introduction 2. The jury as a mirror 3. Starting points of Criminal Procedure 2001 and the examination in court 4. The public examination in court and the establishment of the truth in an international perspective 5. The meaning of the substantiation of evidence 6. In conclusion The law of evidence and substantiation of evidence Joep Simmelink 1. Introduction 2. The impetus: the sub-report on 'Evidentiary Law and Substantiation of Evidence' 3. Legal development after 'Criminal Procedure 2001' 4. Reference points for further legal development Reform proposals on Dutch criminal procedure - A German perspective Thomas Weigend 1. Introduction: the pleasures of comparing law 2. Aspects of Strafvordering 2001: general issues 3. Aspects of Strafvordering 2001: specific issues 4. Conclusion A Review of the Criminal Courts of England and Wales by The Right Honourable Lord Justice Auld-- Index.
  • (source: Nielsen Book Data)9789004204935 20160612
During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project 'Strafvordering 2001' aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic approach of criminal procedure. The Dutch government responded to the research findings by means of the introduction of several legalislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.
(source: Nielsen Book Data)9789004204935 20160612
Book
iv, 89 p. ; 27 cm.
  • Summary: An outdated law and its impact on transgender people ; Registering gender ; A new law ; Five proposed amendments
  • Methodology
  • Recommendations: To the government of the Netherlands: To the gender teams at the Free University Hospital in Amsterdam and the Groningen University Hospital ; To Council for the Judiciary (Raad voor de Rechtspraak) and the Dutch Association for the Judiciary (Nederlandse Vereniging voor Rechtspraak) ; To health insurance companies ; To the American Psychiatric Association
  • Recognition of gender identity : the Dutch legal framework: Being transgender in the Netherlands ; The Netherlands' claim to being a role model on LGBT rights ; Article 28 of the Civil Code : conditions for recognition of gender identity court procedures ; Sex reassignment surgery ; SRS as a medical necessity ; Surgery imposed by the State ; State-enforced sterilization ; Convention on the recognition of decisions recording a sex reassignment
  • "It is like your life is on hold": Waiting lists ; A name to match an identity
  • Living with the wrong identity papers: The identity card requirement ; The register of civil status records ; Getting around the GBA : informal solutions ; "They don't believe that I am who I say I am" ; Employment
  • Evolving norms, evolving practices: Calls to change the law ; Promises to change the law ; The right to private life and the right to physical integrity ; The framework for legal recognition of gender identity in other countries ; The Yogyakarta principles ; Children
  • Legal recognition of the gender identity of gender variant people: Suppressing the gender marker on identity documents ; Article 8 of the ECHR and the position of gender variant people ; Scope for legal reform in the Netherlands
  • Acknowledgments
  • Appendix: Relevant provisions of Book 1 of the Dutch Civil Code: Relevant provisions of Book 1 of the Dutch Civil Code in original language.
"In 1985, the Netherlands was among the first European nations to adopt legislation granting transgender people legal recognition of their gender identity, albeit under onerous legal conditions. Over a quarter of a century later, the Netherlands has lost its leading edge. Legislation that at the time represented a progressive development is wholly out of step with current best practice and understandings of the Netherlands' obligations under international human rights law. Most egregiously, the 1985 law allows transgender people to change their gender on official documents only on condition that they have altered their bodies through hormones and surgery, and that they are permanently and irreversibly infertile. These requirements routinely leave transgender people with identity documents that do not match their deeply felt gender identity, resulting in frequent public humiliation, vulnerability to discrimination, and great difficulty finding or holding a job. The conditions imposed by the 1985 law violate transgender people's rights to personal autonomy and physical integrity and deny transgender people the freedom to define their own gender identity, which the European Court of Human Rights has called "one of the most basic essentials of self-determination." Controlling Bodies, Denying Identities documents the impact the 1985 law has on the daily life of transgender people. The report calls upon the Netherlands to amend the law to respect transgender people's human rights. It should separate medical and legal questions for transgender people. Legal recognition of the gender identity of transgender people should not be made conditional on any form of medical intervention"--P. [4] of cover.
Green Library