The Rise and Fall of Access to Justice in the Netherlands

14 Pages Posted: 16 Apr 2009 Last revised: 22 Jun 2013

See all articles by Hanna Tolsma

Hanna Tolsma

University of Groningen - Faculty of Law

Kars J. de Graaf

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

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Date Written: April 15, 2009

Abstract

This article analyses the development of access to justice for environmental organisations in Dutch law. It consists of two parts. The first part focuses on the rise of environmental organisations’ right of access to the courts, and considers case law and legislation relating to the General Administrative Law Act and environmental permitting. It also discusses possibilities for environmental organisations to bring proceedings before the civil courts. The second part addresses the dismantling of the right of access to the courts. Recent developments in the legislation and case law are discussed as well as possible future changes in this respect. The article concludes with some final remarks concerning the present situation in the Netherlands in relation to the Aarhus Convention.

Suggested Citation

Tolsma, Hanna and de Graaf, Kars Jan and Jans, Jan H., The Rise and Fall of Access to Justice in the Netherlands (April 15, 2009). Available at SSRN: https://ssrn.com/abstract=1383478 or http://dx.doi.org/10.2139/ssrn.1383478

Hanna Tolsma (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Kars Jan De Graaf

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration ( email )

9700 AS Groningen
Netherlands

HOME PAGE: http://www.rug.nl/staff/k.j.de.graaf

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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