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Book
x, 233 pages : illustrations (some color) ; 24 cm
  • Introduction
  • Theoretical and methodological background
  • Professional decision making in the Dutch context
  • Professional decision making in the English context
  • Understanding lawyers' professional decision making : the role of the institutional and professional context
  • Conclusion.
Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: `time vs. money' and `hopeless cases'. This empirical research into lawyers' professional ethics in practice will appeal to scholars engaged in lawyers' ethics, policy makers and those involved in the regulation of the legal profession.
(source: Nielsen Book Data)9789462368163 20180625
Law Library (Crown)
Book
192 pages ; 22 cm
Corporate governance in the Netherlands is beginning to develop its own history. On 8 December 2016, the third Dutch Corporate Governance Code was published. The 2016 Code introduces many new ideas and responds to current developments in corporate governance issues. The Code is not static - it follows the dynamics of our society. The most important new themes in the 2016 Code are long-term value creation and culture. This book covers those themes in detail, particularly where they resonate in other areas, such as risk management. In addition, this book addresses other updated items of the Code. This book also comments on the principles and best practice provisions of the Code and clarifies its structure and background.
Law Library (Crown)
Book
xii, 297 pages ; 25 cm
  • Preface I
  • Preface II
  • Introduction: The Dutch Constitution in comparative perspective / Reijer Passchier and Wim Voermans
  • A 200-year-old constitution : relic or enigma? / Wim Voermans
  • Dutch constitutional law and the evolution of the monarchy / Romano Orrù
  • The relationship between European Union and national law in the Netherlands in a comparative perspective / Giancarlo Rando
  • The Dutch system and the supranational law : the application of the ECHR in a comparative perspective / Elisa Bertolini and Graziella Romeo
  • Some reflections on the Dutch economic constitution : the consultative economy and its constitutional significance / Carlo Colombo and Maddalena Neglia
  • A hole in the dike? : dignity, rights and the Dutch Constitution / Ingrid Leijten
  • Rights and liberties in the Dutch context / Giuseppe Franco Ferrari
  • Formal and informal constitutional change in the Netherlands / Reijer Passchier
  • Constitutional interpretation : the Dutch case in comparative perspective / Angelo Rinella
  • The local government in the Dutch constitutional system : a comparative and European perspective / Mauro Mazza
  • Dutch public administration : a laboratory for the evolution of the separation of powers doctrine / Mario Comba
  • Mixed democracy in the Netherlands / Geerten Boogaard
  • The Dutch form of government : main features from a diachronic and comparative perspective / Francesca Polacchini
  • Changing tides : the rise (and fall?) of judicial constitutional review in The Netherlands / Jerfi Uzman
  • Constitutional review in the Netherlands : a few remarks from an outsider's perspective / Paolo Passaglia.
This Italian-Dutch collaboration provides the first comparative thematic coverage of the Constitution of the Netherlands in English. The book's unique method of a dialectic confrontation between scholars from different countries yields fascinating discussions about famous peculiarities of the Dutch Constitution. Among other subjects, the volume covers the Dutch Constitution's extreme openness towards international and European law, its combination of parliamentary democracy and a monarchy, its political consensus culture, and its ban of constitutional review by the judiciary. This book aspires to be a helpful account of Dutch constitutional law as well as a useful contribution to global constitutional literature. As the two leading constitutional scholars Tom Ginsburg and James Melton aptly noted, the successful constitutional experience of the Netherlands can be a source of inspiration for other countries who seek to enhance the endurance and efficacy of their own constitutional arrangements. The Dutch Constitution beyond 200 Years will be a reference point for all students and scholars eager to engage with insightful debates surrounding one of the oldest and most efficient constitutions of the world.
(source: Nielsen Book Data)9789462367579 20180702
Law Library (Crown)
Book
16 leaves ; 28 cm
Law Library (Crown)
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
285 pages : illustrations ; 24 cm
  • Introduction
  • Method of the empirical research
  • Reflections on the Dutch judicial assistance model from an inter-jurisdictional perspective
  • Normative viewpoints on the involvement of judicial assistants : the rule of law versus the managerial perspective
  • Collecting the materials for reaching the judgment : the run up to the hearing and the hearing
  • Deciding the judgment : deliberations and writing the judgment
  • Factors that determine the involvement and impact of judicial assistants
  • Conclusions and reflections on the involvement of judicial assistants.
In the last decades the notion of the judge as an autonomous decision-maker has been challenged, and the scope of research on judicial decision-making has broadened to study various other actors who may affect judges' decision-making. Nonetheless, some actors remain scarcely studied. `In the shadow of the judge' focusses on such a position: the judicial assistant, an actor that as of today still receives little academic attention. Based on fieldwork conducted at two Dutch district courts, this book discusses the involvement of judicial assistants in judicial decision-making and the possible consequences that their involvement have on the manner in which adjudication takes place. This study makes clear that it is not justifiable that little research (particularly in a civil law context) has been conducted on this topic, as the research shows how judicial assistants' involvement is multifaceted, affecting judicial decision-making in various ways. This book helps to understand the dynamics in judicial decision-making as it occurs behind the closed doors of court houses. Both court personnel and researchers of courts will benefit from the insights in this book.
(source: Nielsen Book Data)9789462367777 20180530
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.