Judiciary Organisation Act

Chapter 2 Administration of justice

Part 6 Council for the judiciary

Division 1 Structure

Article 84 Composition of the Council for the Judiciary
- 1. There is a Council for the Judiciary.
- 2. The Council must consist of five members.
- 3. The members of the Council are appointed by Royal Decree on the recommendation of Our Minister for a term of six years. They may be reappointed once for a term of three years.
- 4. Of the five members of the Council, three are judicial officers responsible for the administration of justice or members of the Central Appeals Court for Public Service and Social Security Matters or the Administrative Court for Trade and Industry. The other two members of the Council are not judicial officers responsible for the administration of justice or members of the Central Appeals Court for Public Services and Social Security Matters or the Administrative Court for Trade and Industry who are responsible for the administration of justice.
- 5. One of the judicial members is appointed as chairperson of the Council by Royal Decree on the nomination of Our Minister.
- 6. The judicial members are judicial officers responsible for the administration of justice or members of the Central Appeals Court for Public Service and Social Security Matters or the Administrative Court for Trade and Industry who are responsible for the administration of justice and who have been appointed in accordance with Article 2, paragraph 1, of the Judicial Officers (Legal Status) Act.
- 7. The members may not also be:
a) a member of the States General;
b) a minister;
c) a state secretary;
d) vice-president or member of the Council of State;
e) president or member of the Court of Audit;
f) national ombudsman or deputy ombudsman;
g) a civil servant at a ministry or at the institutions, agencies and businesses that come under a ministry;
h) a judicial officer as referred to in Article 1 (b) (1°) and (3°) to (8°);
i) vice-president, justice or justice extraordinary at the Supreme Court;
j) member of the Board of Delegates referred to in Article 90.

Article 84a [repealed on 1-1-2002]

Article 85 Filling up of vacancies
- 1. Before making the recommendation referred to in Article 84, paragraph 3, Our Minister must draw up, in agreement with the Council, a list of not more than six persons who appear eligible to fill the relevant vacancy.
- 2. The list must be made available to a committee of recommendation. This must consist of a president of a court, a representative of the Dutch Association for the Judiciary, a member of the Board of Delegates, a director of operations of a court and a person designated by Our Minister. The committee is chaired by the president.
- 3. The committee must recommend not more than three persons from the list. It must send this recommendation to Our Minister no later than eight weeks after adoption of the list.
- 4. Rules concerning the procedure referred to in this Article may be laid down by order in council.

Article 86 Allowance for the members of the Council for the Judiciary
- 1. The judicial members of the Council must receive an allowance for the work they perform as members of the Council in addition to the salary they receive as judicial officers, members of the Central Appeals Court for Public Service and Social Security Matters or members of the Administrative Court for Trade and Industry. The amount of the allowance is equal to the difference between this salary and the salary level fixed by order in council for the position of judicial member of the Council.
- 2. If a member accepts an office or position that is incompatible under Article 84 with membership of the Council, such membership must be terminated by Royal Decree on the recommendation of Our Minister. If a non-judicial member of the Council is appointed as a judicial officer responsible for the administration of justice or as a member with responsibility for the administration of justice of the Central Appeals Court for Public Service and Social Security Matters or the Administrative Court for Trade and Industry, his membership of the Council must be terminated.
- 3. The membership of a judicial member of the Council is terminated or suspended by Royal Decree on the recommendation of Our Minister if the member’s appointment as a judicial officer responsible for the administration of justice is terminated or suspended, unless such termination or suspension relates only to a judicial office to which he was not appointed in accordance with Article 2, paragraph 1, of the Judicial Officers (Legal Status) Act.
- 4. The appointment of a judicial member of the Council is terminated at his own request by Royal Decree on the recommendation of Our Minister.
- 5. A non-judicial member of the Council may be subjected to disciplinary punishment, suspended or dismissed by Royal Decree on the recommendation of Our Minister.
- 6. The powers conferred on the competent authority by the Central and Local Government Personnel Act in respect of a non-judicial member of the Council must be exercised by the Council, without the participation of the said non-judicial member. Further rules are to be laid down by order in council concerning the exercise of powers by the Council relating to the legal status of non-judicial members.
- 7. The powers conferred on the superior by Articles 21, 27a-30, 34, 35, 37-39, 45 and 46 of the Judicial Officers (Legal Status) Act must be exercised in relation to a judicial member by the Council, without the participation of the said judicial member. Further rules are to be laid down by order in council concerning the exercise of powers by the Council relating to the legal status of judicial members.
- 8. Further rules on the legal status of the members of the Council, including in any event rules concerning the allowance for the judicial members as referred to in paragraph 1 and the remuneration of non-judicial members, must be laid down by order in council.

Article 87 Decision-making by the Council for the Judiciary
- 1. The Council may make decisions only if at least three members are present.
- 2. The Council must decide by a majority of votes.
- 3. In the event of a tied vote, the chairperson has the casting vote.
- 4. The Council must draw up rules on its procedure and decision-making in the form of regulations. The regulations must be sent to Our Minister and published in the Government Gazette.

Article 88 Delegation of powers by the Council for the Judiciary
The Council may authorise one or more of its members to exercise one or more of its powers. Part 10.1.1 of the General Administrative Law Act applies mutatis mutandis.

Article 89 Secretariat and civil staff
- 1. The Council has a secretariat for its support.
- 2. The civil service staff of the secretariat are appointed, subjected to disciplinary punishment, suspended and dismissed by the Council.
- 3. The powers conferred on the competent authority by the Central and Local Government Personnel Act must be exercised in respect of the civil service staff of the secretariat by the Council.
- 4. Rules are to be laid down by or pursuant to order in council concerning the exercise of powers by the Council relating to the legal status of civil service staff of the secretariat.

Article 90 Board of Delegates
- 1. There is a Board of Delegates.
- 2. The Board consists of representatives of the courts, the Central Appeals Court for Public Service and Social Security Matters and the Administrative Court for Trade and Industry. Rules are to be laid down by order in council concerning the composition and structure of the Board and the delegation of the members.
- 3. The Board is tasked with providing the Council with solicited or unsolicited advice on the performance of its duties.
- 4. The Council must provide the Board, on request, with the information it needs to perform its duties.

Division 2 Duties and powers

Article 91 Tasks and duties of the Council for the Judiciary
- 1. The Council is responsible for:
a) preparing the budget for the Council and the courts jointly;
b) allocating budgets from the central government budget to the courts;
c) supporting operations at the courts;
d) supervising the implementation of the budget by the courts;
e) supervising operations at the courts;
f) nationwide activities relating to the recruitment, selection, appointment and training of court staff.
- 2. In performing the duties referred to in paragraph 1 (c) and (e), the Council must concentrate in particular on:
a) information systems and the provision of management information;
b) accommodation and security;
c) the quality of the administrative and organisational procedure of the courts;
d) personnel matters;
e) other facilities.

Article 92 Right of the Council for the Judiciary to give directions
- 1. In performing the duties referred to in Article 91, the Council may issue general directions to the management boards of the courts in so far as this is necessary for the proper operation of the courts.
- 2. Before giving a direction the Council must give the Board of Delegates the opportunity to make known its views. In giving the reasons for a direction the Council must indicate how it has taken the views of the Board into account in its assessment.
- 3. A direction must be published in the Government Gazette.

Article 93 Right of the Minister to give instructions to the Council for the Judiciary
- 1. Our Minister may issue general directions concerning the performance by the Council of the duties referred to in Article 91, in so far as this is necessary with a view to the proper operation of the courts.
- 2. Before issuing a direction as referred to in paragraph 1, Our Minister must give the Council the opportunity to make known its views in writing.
- 3. Our Minister must give the Council written notice of the proposed direction and the reasons for it. Our Minister may set the Council a time limit for making known its opinion. The views of the Council must be given in writing and with reasons.
- 4. If the Council takes the view that the direction will infringe Article 109, it must not be issued.
- 5. A direction must be published in the Government Gazette.
- 6. Article 8:2 (a) and (b) of the General Administrative Law Act applies mutatis mutandis.

Article 94 Uniform application of the law and promoting legal quality
The Council is tasked with providing support for activities of the courts aimed at achieving uniform application of the law and promoting legal quality.

Article 95 Advisory task
- 1. The Council is tasked with advising the government and the States General on generally binding regulations and the policy to be pursued by central government in relation to the administration of justice. The opinions of the Council are adopted after consultation with the courts.
- 2. Chapter 4 of the Advisory Bodies Framework Act applies mutatis mutandis.

Article 96 Restrict involvement of the Council for the Judiciary in certain procedures
- 1. In performing the tasks referred to in Articles 94 and 95, the Council may not involve itself in the procedural aspects or substantive assessment of or the decision in a specific case.
- 2. Paragraph 1 applies mutatis mutandis to the performance and exercise of the other duties and powers allocated by or pursuant to this Act, subject to the proviso that the Council also does not involve itself in the procedural aspects or substantive assessment of or the decision in categories of case.

Division 3 Planning and funding

Article 97 Rules for the funding of the court sector by Order in Council
- 1. Rules concerning the funding of the court sector are to be laid down by order in council. They must in any event include rules on:
a) objective measurement of the workload of the courts;
b) the reimbursement of the court costs;
c) the stipulations concerning the activities of the courts and the related workload that may be attached to funding;
d) how compliance with the stipulations referred to at (c) in the preceding period can be taken into account in relation to the funding;
e) the budget system to be applied by the Council and the courts.
- 2. Before making a proposal for an order in council to be adopted pursuant to paragraph 1 Our Minister must give the Council the opportunity to make known its views in writing. The explanatory notes to the order in council must indicate to what extent and on what grounds the order departs from the views of the Council.
- 3. The proposal for an order in council to be adopted pursuant to paragraph 1 may be made no earlier than four weeks after the draft has been submitted to both Houses of the States General.
- 4. The Council must explain in the report referred to in Article 104, paragraph 1 how the order in council has been applied. The Council must indicate in this connection how the application of the order relates to the quality of the task performance by the courts and, if necessary, make proposals for changes.

Article 98 Proposal for a joint budget of the Council and the courts
- 1. Subject to the rules referred to in Article 97, paragraph 1, the Council must adopt a proposal each year, before the start of the budget year concerned, for a joint budget of the Council and the courts, including the rules to be attached to the budget to be awarded, and a multi-year estimate for at least four years following the budget year.
- 2. Before the Council adopts the budget proposal and the multi-year estimate, it must consult with the courts.
- 3. The Council must send the budget proposal and the multi-year estimate to Our Minister by a date to be determined by Our Minister.
- 4. Rules concerning the preparation and structure of the budget proposal and the multi-year estimate, including the relevant explanatory notes and schedules, may be laid down by or pursuant to order in council.

Article 99 Draft budget and consultation
- 1. The draft budget as referred to in Article 12, paragraph 1 of the Government Accounts Act 2001 must be drawn up by Our Minister in conformity with the budget proposal of the Council, unless the circumstance referred to in paragraph 3 occurs.
- 2. If, with a view to the regular and efficient management of central government funds, Our Minister cannot agree with the Council’s budget proposal, or part of the proposal, he must inform the Council and hold consultations with the Council about this.
- 3. If the consultations referred to in paragraph 2 fail to produce agreement and Our Minister continues to have strong objections, the budget proposal of the Council, or the relevant part thereof, must be included in altered form in the draft budget, as referred to in Article 12, paragraph 1 of the Government Accounts Act 2001.
- 4. In the explanatory notes to the bill, Our Minister must indicate what rules he proposes to attach to the budget to be allocated pursuant to Article 100. Paragraphs 1 to 3 apply mutatis mutandis.

Article 100 Allocation of the budget for the activities of the Council by the Minister of Justice
Subject to the rules referred to in Article 97, paragraph 1 Our Minister must allocate a budget annually from the central government budget for the activities of the Council and the courts jointly. Our Minister may attach rules to the allocation.

Article 101 Notification of the budget the Council probably can expect
As soon as possible after the bill to adopt the budget of the Ministry of Justice has been submitted to the Council of State for consideration, Our Minister must notify the Council what budget, including any rules to be attached to the budget, it can provisionally expect to receive for the next budget year. He must also explain how the budget estimate has been calculated.

Article 101a [repealed on 1-1- 2002]

Article 102 Annual plan for the Council and courts together
- 1. Each year the Council must adopt an annual plan for the Council and the courts together. The plan must comprise:
a) a description of the proposed activities for performance of the duties referred to in Article 91 for the year following that in which the plan is adopted;
b) a budget for the next budget year.
- 2. The Council must adopt the budget in accordance with the estimated budget referred to in Article 101.
- 3. The Council must send the annual plan to Our Minister by a date to be determined by Our Minister. Our Minister must then send the plan forthwith to both Houses of the States General.
- 4. Rules concerning the structure of the annual plan may be laid down by or pursuant to order in council.

Article 103 Notification of the allocated budget to the Council and the courts jointly
- 1. As quickly as possible after the adoption of the budget of the Ministry of Justice, Our Minister must notify the Council what budget he is allocating to the Council and the courts jointly. If the budget differs from the budget estimate referred to in Article 101, the second sentence of that Article applies mutatis mutandis.
- 2. If the budget differs from the budget estimate referred to in Article 101, the Council must amend the budget.
- 3. Decisions to make other amendments to the budget may be made until no later than the end of the budget year concerned.
- 4. Expenditure by the Council must be within the limits of the adopted or amended budget.

Article 104 Annual submission of a report by the Council for the Judiciary to the Minister of Justice
- 1. The Council must submit a report to Our Minister every year by a date to be determined by Our Minister. Our Minister must send the report forthwith to both Houses of the States General.
- 2. The report must consist of the financial statements with accompanying budget, the amendments made to them, the annual report and other financial particulars.
- 3. In the financial statements the Council renders account for the financial management of the Council and the courts jointly in the preceding budget year.
- 4. The annual report must describe how the work for which the budget was allocated from the central government budget has been carried out. It must also indicate how this work relates to the plan adopted in accordance with Article 102 for the year concerned, the plans referred to in Article 31, paragraph 1 and the reports referred to in Article 35, paragraph 1.
- 5. The report must include an opinion on the accuracy and regularity of the accounts, given by an auditor, as referred to in article 393, paragraph 1 of Book 2 of the Civil Code, designated by the Council. The auditor must append to the opinion a report on the audit of the financial management. When engaging an auditor, the Council must stipulate that Our Minister is to be allowed, on request, to inspect the auditor’s audit reports.
- 6. Our Minister may issue a direction concerning the scope and frequency of the audits.
- 7. Rules concerning the structure of the report may be laid down by or pursuant to order in council.

Article 104a Power of representation of the Council for the Judiciary
- 1. Notwithstanding Article 32, paragraph 1 of the Government Accounts Act 2001, the Council may perform juristic acts under private law on behalf of the State in so far as such acts result from the part of the budget of the Ministry of Justice managed by it, unless it has been provided by or pursuant to statute that a minister other than Our Minister should perform the juristic act.
- 2. Article 32, paragraph 4 and Article 39 of the Government Accounts Act 2001 apply mutatis mutandis.

Division 4 Supervision

Article 105 Duty of the Council for the Judiciary to inform the Minister of Justice
The Council must provide Our Minister, on request, with the information he needs to perform his duties.

Article 106 Setting aside a decision of the Council for the Judiciary on proposal of the Minister of Justice
- 1. A decision of the Council in the course of its duties as referred to in Article 91 may be set aside by Royal Decree on the proposal of Our Minister if the decision is manifestly contrary to the law or prejudicial to the proper operation of the courts. Articles 10:36, 10:37 and 10:38 to 10:45 of the General Administrative Law Act apply mutatis mutandis.
- 2. Article 8:4 (a) of the General Administrative Law Act applies mutatis mutandis.

Article 107 Dismissal of the members of the Council for the Judiciary
- 1. Our Minister may recommend that one or more members of the Council be dismissed on account of their unsuitability, other than for reasons of ill-health. Our Minister may recommend that the membership of the Council of one or more members be suspended if he has good reason to suspect their unsuitability, other than for reasons of ill-health.
- 2. The suspension or dismissal is effected by Royal Decree.
- 3. If all members of the Council have been suspended or dismissed, Our Minister may appoint one or more temporary administrators to manage the Council. Article 84, paragraphs 6 and 7 applies mutatis mutandis. A term must be fixed for the administration when the appointment is made.

Article 108 Appeal against a decision to dismiss a member of the Council for the Judiciary
- 1. An interested party may appeal to the Supreme Court against a decree issued on the basis of Article 107, paragraphs 1 and 2.
- 2. The Supreme Court must assess whether the Crown could reasonably have concluded that there was unsuitability, other than for reasons of ill-health, or that there was a good reason to suspect unsuitability, as the case may be, and whether Our Minister acted in breach of Article 109 in making his recommendation.
- 3. Chapter 8 of the General Administrative Law Act, with the exception of part 8.1.1 and Articles 8:10, 8:11, 8:13 and 8:86, applies mutatis mutandis to an appeal.

Article 109 Minister of Justice may not be involved in certain procedures
In exercising the powers conferred by or pursuant to this Act, Our Minister may not involve himself in the procedural aspects or substantive assessment of or the decision in a specific case or category of case.

Article 110 [repealed on 1-1-2002]