Netherlands

Judges: restrictive legislation leads to injustice

Photo: ANP

Judges are deeply concerned about some restrictive laws, which they say lead to injustice. This is what Henk Naves, chairman of the Council for the Judiciary, said at the presentation of the annual report on Wednesday. In doing so, he points out, among other things, legislation on transition payments and the prohibition of community service.

“As a rule, these are lawsuits in which people in an already vulnerable position are pulled even further into the swamp if no one rings the bell. So now we do that,” said Naves.

In some cases, judges find the transition payment, which entrepreneurs often have to pay to employees who have been made redundant. For example, Naves says that due to the corona crisis, entrepreneurs have ceased operations to avoid bankruptcy. “Often, the entrepreneur’s savings and pension provision have already evaporated. Nevertheless, a transition payment must also be paid, while this may lead to the bankruptcy that the entrepreneur was trying to avoid.”

The prohibition of community service was also raised again on Wednesday as a bottleneck. Judges have spoken out about this many times before. In some cases, for example when a person is convicted of assaulting a police officer, not only community service may be imposed. “While this is sometimes the most effective, appropriate and just punishment.” Judges have already circumvented this ban by symbolically imposing one day in prison in combination with community service.

Earlier in the day, the Council for the Judiciary already reported that last year a ruling was given in 1.4 million cases, an increase of 4 percent compared to 2020. This is still below the level before the corona crisis. In 2019, decisions were made in more than 1.5 million lawsuits.

Naves says that it is a new development for the judiciary to speak out about restrictive legislation in this way. “I think we are protecting rights and freedoms by sharing these observations.” Earlier, the judiciary already revealed color about the allowances affair. “For the victims of the allowance affair, the rule of law de facto did not exist,” Naves said at the end of last year. “Families had to fight against a much more powerful government.”



Judges: restrictive legislation leads to injustice
Source link Judges: restrictive legislation leads to injustice

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