De europeanisering van de Nederlandse rechtsstaat

The Europeanisation of the Rule of Law in the Netherlands This article discusses the impact of European integration on the Dutch rule-of-law system. It begins by outlining the historical development of the rule of law in the Netherlands. Next, it describes how the European Convention on Human Rights (ECHR), partly through the case law of the European Court of Human Rights (ECtHR), has come to function as a safeguard for the rule of law in the Netherlands, and how European Union (EU) law, partly through the case law of the Court of Justice, has later assumed a similar role. The article then points out that the Netherlands increasingly receives advice on matters relating to the rule of law from ‘Europe’, including from the Venice Commission and the European Commission. Based on the foregoing, the article reflects on the fact that the rule of law in the Netherlands is no longer shaped exclusively at the national level, but through interaction between national and European authorities.

Authors

Publication Details

Journal
Justitiële verkenningen
Published
2024-11-01
DOI
https://doi.org/10.5553/jv/016758502024050003004
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

De europeanisering van de Nederlandse rechtsstaat

Maarten Stremler
Justitiële verkenningen
European and International Law Studies
article

De europeanisering van de Nederlandse rechtsstaat

Maarten Stremler
article en

Abstract

The Europeanisation of the Rule of Law in the Netherlands This article discusses the impact of European integration on the Dutch rule-of-law system. It begins by outlining the historical development of the rule of law in the Netherlands. Next, it describes how the European Convention on Human Rights (ECHR), partly through the case law of the European Court of Human Rights (ECtHR), has come to function as a safeguard for the rule of law in the Netherlands, and how European Union (EU) law, partly through the case law of the Court of Justice, has later assumed a similar role. The article then points out that the Netherlands increasingly receives advice on matters relating to the rule of law from ‘Europe’, including from the Venice Commission and the European Commission. Based on the foregoing, the article reflects on the fact that the rule of law in the Netherlands is no longer shaped exclusively at the national level, but through interaction between national and European authorities.

Justitiële verkenningenVol. 50(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
European and International Law Studies
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