Judiciary
Organisation Act
Chapter 2 Administration of justice
Part 3 The District Courts
Article 40 Judicial officers responsible for the administration of justice
at a District Court
- 1. The judicial officers responsible for
the administration of justice who are employed at the district courts
are:
a) coordinating vice-presidents;
b) vice-presidents;
c) judges;
d) deputy judges.
- 2. The judicial officers responsible for
the administration of justice in one district court are, by law, deputy
judges in the other district courts.
Article 41 Principal seat District Court and subsidiary seats
- 1. The district court is located in the
principal seat of the district.
- 2. The subsidiary seats of the district
courts are listed in the annexe to this Act. Subsidiary places of sitting
may be designated by order in council. Rules may also be laid down by
order in council for the allocation of cases between the principal seat
and the subsidiary seats and subsidiary places of sitting.
- 3. The proposal for an order in council
to be adopted pursuant to paragraph 2 may be made no earlier than four
weeks after the draft has been submitted to both Houses of the States
General.
- 4. The management board allocates the cases
between the principal seat and the subsidiary seats and subsidiary places
of sitting subject to the rules referred to in paragraph 2.
- 5. The judicial officers responsible for
the administration of justice, the non-judicial members of a full-bench
chamber, the court officials, the trainee judicial officers, the court
legal assistants and the external clerks of the court/registrars may perform
all activities in the subsidiary seats and subsidiary places of sitting,
even outside the trial, which they are competent to perform in the principal
seat of the district court.
- 6. The registry of the principal seat is
deemed to be established in the subsidiary seats and subsidiary places
of sitting too for cases heard there.
- 7. Documents and cases may be lodged and
filed at the registry in the place where the case is heard, subject to
the proviso that no cases may be filed in subsidiary places of sitting.
The management board may provide in its regulations that no documents
can be lodged in a subsidiary place of sitting.
- 8. Our Minister may, after consultation
with the management board of the district court, decide that the hearing
in a case will be held at a location to be designated by him in the principal
seat of the district, outside the principal seat of the district or outside
the district if this is necessary for the safety of persons.
Article 42 Jurisdiction of the district courts regarding civil (private)
law
The district courts have jurisdiction at first instance to hear all civil
cases, save for any statutory exceptions.
Article 43 Competence district courts regarding administrative law
The district courts are competent at first instance to hear the administrative
cases in respect of which they are assigned jurisdiction by law.
Article 43a [repealed on 1-1-2002]
Article 44 Competence district courts regarding tax law
The district courts are competent at first instance to hear the tax cases
in respect of which they are assigned jurisdiction by law.
Article 45 Jurisdiction district courts regarding criminal law
- 1. The district courts have jurisdiction
at first instance to hear all criminal cases, save for any statutory exceptions.
- 2. The district courts also have jurisdiction
to hear claims for costs and damages for an injured party in criminal
cases.
Article 46 Designation of examining magistrates in criminal cases
The management board of the district court must designate examining magistrates
to hear criminal cases from among the judicial officers responsible for
the administration of justice who are employed at the court.
Division 2 Sector for Subdistrict Courts (Limited
jurisdiction sector)
Article 47 Limited jurisdiction sector (sector for Subdistrict Court)
within each District Court
- 1. There is a limited jurisdiction sector
(sector for Subdistrict Court) in which limited jurisdiction cases are
heard and decided in single-judge chambers.
- 2. The limited jurisdiction sector performs
its duties in the principal seat of the district court and in the subsidiary
seats listed in the annexe, as referred to in Article 41, paragraph 2
and in the subsidiary places of sitting which have been designated pursuant
to Article 41, paragraph 2.
- 3. The management board must hear the sector
meeting of the limited jurisdiction sector about:
a) the preparation of a list of nominations
for a vacancy in the limited jurisdiction sector as referred to in Article
1e, paragraph 1 of the Judicial Officers (Legal Status) Act;
b) the holding of hearings by the limited jurisdiction
sector in subsidiary places of sitting;
c) the allocation of limited jurisdiction cases
between the principal seat and subsidiary seats and subsidiary places
of sitting.
Article 47a [repealed on 1-1-2002]
Article 48 Composition of a Subdistrict Court
- 1. The management board of the district
court must set up single-judge chambers within the limited jurisdiction
sector and decide their composition. The person who sits in a singlejudge
chamber bears the title of limited jurisdiction judge or deputy limited
jurisdiction judge.
- 2. Notwithstanding Article 47, paragraph
1, the management board of the district court must set up full-bench chambers,
known as agricultural tenancy chambers, within the limited jurisdiction
sector and decide their composition.
- 3. An agricultural tenancy chamber must
consist of two lay members who are not judicial officers as expert members,
and a limited jurisdiction judge. Article 7, paragraph 3 and Articles
12 and 13 apply mutatis mutandis to the expert members.
Article 48a Agricultural tenancy chambers (Court for farm lease agreements)
- 1. The expert members of the agricultural
tenancy chambers of the district courts referred to in Article 48, paragraph
3 of this Act and their deputies are appointed by Royal Decree on the
recommendation of Our Minister of Justice, after the Provincial Executive
has been heard. They are appointed as member or deputy member, as the
case may be, of the agricultural tenancy chamber.
- 2. Only Dutch nationals are eligible for
appointment as member or deputy member of an agricultural tenancy chamber.
- 3. The expert members and deputy members
of the agricultural tenancy chambers are appointed for a term of five
years. They are eligible for reappointment when they retire. Their appointment
is terminated at their own request by Royal Decree.
- 4. We ensure that when expert members and
deputy members are appointed neither the interests of tenants nor those
of landlords predominate in the agricultural tenancy chamber.
- 5. Before taking up their duties, the expert
members and their deputies must take an oath or make an affirmation using
the wording recorded in annexe 2 to the Judicial Officers (Legal Status)
Act.
- 6. The appointment of an expert member or
deputy member of the agricultural tenancy chamber is terminated by Royal
Decree from the first day of the month following that in which he reaches
the age of seventy.
Article 48b Application of statutory provisions to the Agricultural tenancy
chamber
- 1. The provisions of Articles 46c, 46d,
46e, 46f, 46g, paragraphs 1 and 2, 46i, with the exception of paragraph
1 (c), 46j, 46l, paragraphs 1 and 3, 46m, 46o
and 46p, paragraphs 1 to 5, of the Judicial Officers (Legal Status) Act
apply mutatis mutandis to the expert members of the agricultural tenancy
chambers and their deputies.
- 2. They are reimbursed for their travel
and accommodation expenses and receive additional remuneration in accordance
with rules laid down by order in council.
- 3. Rules for the implementation of this
Article and Article 48a must be laid down by order in council.
Article 49 Special court for military cases
The management board of the district court in Arnhem must set up a single-judge
chamber within the limited jurisdiction sector to hear and decide military
cases at limited jurisdiction level and must decide its composition. The
person sitting in this chamber to hear cases bears the title of military
limited jurisdiction judge.
Division 3 Formation and composition of chambers
Article 50 Summary procedures (provisional relief judge)
- 1. The management board must set up single-judge
chambers to hear and decide cases in which relief is sought as a matter
of urgency and must decide their composition. These chambers may also
hear and decide other cases assigned to them by statute.
- 2. The person sitting in a single-judge
chamber as referred to in paragraph 1 bears the title of provisional relief
judge.
- 3. The provisional relief judge must be
addressed by the title of ‘president’ in interim injunction
proceedings as referred to in the Code of Civil Procedure.
Article 51 Single-judge chambers for criminal cases other than Subdistrict
Courts
- 1. The management board must set up single-judge
chambers to hear and decide criminal cases at first instance, other than
limited jurisdiction cases as referred in Article 47, paragraph 1. The
management board must decide the composition of these chambers.
- 2. The person sitting in a single-judge
chamber as referred to in paragraph 1 bears the title of police court
judge.
Article 52 Economic offences chambers
- 1. The management board must set up single-judge
and full-bench chambers, known as ‘economic offences chambers’,
to hear and decide cases concerning economic offences. The management
board must decide the composition of these chambers.
- 2. The person sitting in a single-judge
chamber to hear cases involving economic offences as referred to in paragraph
1 bears the title of police court judge for economic offences.
Article 53 Juvenile Court
- 1. The management board must set up single-judge
chambers to hear and decide cases concerning children.
- 2. The person sitting in a single-judge
chamber to hear children’s cases bears the title of children’s
judge.
Article 54 Court for civil servants belonging to the military
- 1. The management board of the district
court in The Hague must set up single-judge and full-bench chambers to
hear and decide cases under the Military Personnel Act 1931 and must decide
their composition.
- 2. The person sitting in a single-judge
chamber as referred to in paragraph 1 bears the title of military personnel
judge.
- 3. A full-bench chamber must consist of
two judicial officers responsible for the administration of justice and
one military member, preferably from the branch of the armed forces to
which the appellant belongs or belonged. Article 7, paragraph 3 and Articles
12 and 13 apply mutatis mutandis to the military member.
Article 55 Military chambers
- 1. The management board of the district
court in Arnhem must set up single-judge and full-bench chambers, known
as military chambers, to hear and decide cases as referred to in Article
2 of the Administration of Military Criminal Justice Act. The management
board must decide the composition of these chambers.
- 2. A full-bench chamber must consist of
two judicial officers responsible for the administration of justice and
one military member, preferably from the branch of the armed forces to
which the defendant belongs or belonged. When a case is heard against
defendants from different branches of the armed forces the presiding judge
of the chamber decides from which branch of the armed forces the military
member should come. Article 7, paragraph 3, and Articles 12 and 13 apply
mutatis mutandis to the military member.
- 3. The person sitting in a single-judge
military chamber bears the title of police court judge for military offences.
Article 55a Plant breeders’ rights chambers
- 1. The management board of the district
court in The Hague must set up chambers, known as plant breeders’
rights chambers, to hear and decide cases as referred to in Article 78,
paragraphs 1 and 2 of the Seed and Planting Materials Act 200-
5. The management board must decide the composition of these chambers.
- 2. A plant breeders’ rights chamber
must consist of two judicial officers responsible for the administration
of justice and one lay person who is not a judicial officer as expert
member. Article 7, paragraph 3 and Articles 12 and 13 apply mutatis mutandis
to the expert member.
Article 55b [repealed on 1-1-2002]
Article 55c [repealed on 1-1-2002]
Article 56 Customs chambers
The management board of the district court in Haarlem must set up single-judge
and full-bench chambers, known as customs chambers, to hear and decide
cases as referred to in Article 27, paragraph 2 of the States Taxes Act.
The management board must decide the composition of these chambers.
Article 57 [repealed on 1-1-2002]
| [prior Part of Chapter 2] |