De concurrentie tussen de civiele en de kerkelijke rechtsgang

Access to justice via civil or canon law proceedings? – A case at the Hoge Raad analysed from Dutch, German and canon law perspective Article 2:2 of the Dutch Civil Code ensures the implementation of canon law in the Dutch legal order, by virtue of which concurrence can occur between civil law proceedings and proceedings at Courts of the Roman Catholic Church. The decision of the Hoge Raad dated May 17, 2024, which is discussed in this article, opens the way to initiate civil proceedings in cases in which the Roman Catholic Church is concerned. This decision deviates from earlier case law and sits uneasily with the Dutch constitutional principle of separation between church and state.