Legal influences on local education powers in the Netherlands: A European and international dimension?

One of the most striking recent developments in education in the Netherlands is the shift of powers from the central national level to the local level for several education policy fields, most notably for the policies aimed at reducing social and education disadvantages and those aimed at the integration of non-nationals into Dutch society. In this article, the influences from European and international law on this Dutch development are being discussed. The conclusion is that there must be a European influence on the contents of national policy matters as such in a general manner, but that the legislation influence stays behind in development.     

Effects of purchaser competition in the Dutch health system: is the glass half full or half empty?

In 2006, the Dutch health insurance system was radically reformed to strengthen competition among health insurers as purchasers of health services. This article considers whether purchaser competition has improved efficiency in health-care provision. Although supply and price regulation still dominates the allocation of health services, purchaser competition has already significantly affected the provision of hospital care, pharmaceuticals and primary care, as well as efforts to gather and disseminate information about quality of care. From this perspective, the glass is half full. However, based on the crude performance indicators available, the reforms have not yet demonstrated significant effects on the performance of the Dutch health system. From this perspective the glass is half empty. The article concludes that the effectiveness of purchaser competition depends crucially on the success of ongoing efforts to improve performance indicators, product classification and the risk equalisation scheme.     

Recent developments in health law in the Netherlands

This article gives a few examples of recent developments in Dutch health law, namely equal access to health care, compulsory placement and treatment in a psychiatric hospital, and end of life decisions. They are outstanding examples of trends in health legislation that require to be followed closely.     

Medical interpreting and the law in the European Union

In 2011, the Danish government announced that from June that year it would no longer cover the costs of medical interpreters for patients who had been living in Denmark for more than seven years. The Dutch Ministry of Health followed with an even more draconian approach; from 1 January 2012, the cost of translation and interpreting would no longer be covered by the state. These two announcements led to widespread concern about whether or not there is a legal foundation for interpreter provision in healthcare. This article considers United Nations treaties, conventions from the Council of Europe and European Union law. European Union member states have been slow to sign up to international agreements to protect the rights of migrant workers. The European Union itself has only recently moved into the area of discrimination and it is unclear if the Race Directive covers language. As a result, access to interpreters in healthcare, where it exists, is dependent on national anti-discrimination legislation or on positive action taken at national or local level rather than on European or international law.     

How do disciplinary tribunals evaluate the "gut feelings" of doctors? An analysis of Dutch tribunal decisions, 2000-2008

A sense of alarm, which is a form of "gut feeling" sometimes plays a part in the decisions of medical disciplinary tribunals in The Netherlands. Since these judgments are regarded as setting standards for professional attitudes in The Netherlands, the question arises how Dutch tribunals have evaluated gut feelings, and how tribunals in other European countries deal with them. An exploratory study searched two Dutch digital databases (2000-2008) and asked 26 national representatives of the European General Practice Research Network for information about the role of gut feelings in tribunals' decisions. A sense of alarm was mentioned in judgments in 34 Dutch cases. Defendants were hardly ever reproached for missing the correct diagnosis, but mostly for not acting in a professional manner. The sense of alarm was referred to as a diagnostic tool to assess a patient's situation, although the judgments indicate that it must be followed by further diagnostic steps. The role of gut feelings in decisions of disciplinary tribunals in Europe is unclear. The authors conclude that the sense of alarm as a diagnostic tool has been taken seriously by Dutch tribunals. Its timely development is considered to be an element of the professional standards for doctors.     

Quantitative criminology in The Netherlands

This article briefly describes quantitative criminology in The Netherlands since the seventies. Dutch quantitative criminologists have been active in most fields of the discipline of criminology: research has been done on the etiology of crime and, in relation to this, the self-report methodology. A number of victimization surveys have been executed, and in relation to this, attention was given to fear of crime, victims in the judicial system, and situational approaches to crime. There has been research on policy evaluation, sentencing, and differential treatment in the criminal justice system, and alternative sanctions. Recently three major international studies have been coordinated by Dutch criminologists: an international self-report study, an international victim survey of households, and an international survey of victimization among businesses. In this article we describe the first two studies and briefly compare some of their features. Overall, it appears that Dutch quantitative criminology is embedded in the international mainstream of criminology and, in general, has been strongly related to policy concerns.     

The Nomination of International Judges by ‘the Enlightened Few’: A Comment on the Royal Decree of 23 January 2020 Concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration

On 23 January 2020, the Government of the Netherlands adopted a Royal Decree concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration. The Decree aims to provide fairness, transparency and consistency in terms of the composition of the national group and its function of nominating candidates for election to international courts. This contribution puts the Dutch national group in context in the relevant international legal framework, analyses the specifics of the Decree and critically evaluates its strengths and weaknesses. It will be argued that while the Decree offers a number of welcome procedural specifications and innovations, it contains elements that deserve refinement and improvement in order to prevent that the Dutch national group acts (or is perceived to act) as a rubber stamp institution that simply carries out the will of the Government when making nominations for the international judiciary.

     

End-of-life decisions in dutch neonatology

This contribution describes the regulation of end-of-life decisions in neonatology in the Netherlands. An account is given of the process of formulating rules, which includes a report by the Dutch Association for Paediatrics, two Court rulings, a report by a Consultation Group appointed by the Ministry of Health and a professional Protocol regulating deliberate ending of life in neonatology that was subsequently adopted as the regulation of this type of decision-making at the national level. The paper presents Dutch and comparative data on the attitude of the medical profession towards end-of-life decisions in neonatology and the frequency of such decisions in medical practice.     

Reform and the politics of hybridization in mature health care states

This article examines the cases of three health care states -- two of which (Britain and the Netherlands) have undergone major policy reform and one of which (Canada) has experienced only marginal adjustments. The British and Dutch reforms have variously altered the balance of power, the mix of instruments of control, and the organizing principles. As a result, mature systems representing the ideal-typical health care state categories of national health systems and social insurance (Britain and the Netherlands, respectively) were transformed into distinctive national hybrids. These processes have involved a politics of redesign that differs from the politics of earlier phases of establishment and retrenchment. In particular, the redesign phase is marked by the activity of institutional entrepreneurs who exploit specific opportunities afforded by public programs to combine public and private resources in innovative organizational arrangements. Canada stands as a counterpoint: no window of opportunity for major change occurred, and the bilateral monopoly created by its prototypical single-payer model provided few footholds for entrepreneurial activity. The increased significance of institutional entrepreneurs gives greater urgency to one of the central projects of health policy: the design of accountability frameworks to allow for an assessment of performance against objectives.     

欧洲法律下的提单管辖权条款

本文通过对荷兰法律及有关管辖权和民商事判决执行方面的两个主要公约 (EEX公约和 L ugano公约 )的介绍 ,结合大量的案例和欧共体法院对公约的解释 ,论述了欧洲法律下一个有效的标准格式中的管辖权条款所包含的条件及公约和各国国内法对当事人自由订立的标准格式中的管辖权条款的限制。     

Power and cost containment in a Danish public hospital

The assumption that hospital decision-making is hierarchical in character underpins the policy formulation process in public as well as pluralist national health care systems. This article's analysis of decision-making in a Danish public hospital reinforces the contrary assertion: that effective authority in acute-care hospitals rests in an amorphous power relationship among the hospital's several occupational groups, in which physicians clearly have the upper hand. After a brief introduction to this Danish hospital, the article develops a detailed portrait of its informal power structure and of the different occupational groups' permanent power-maximizing strategies. Subsequently, the article assesses the impact of these strategies upon two recent efforts to contain the hospital's costs: a decision to close an expensive specialty clinic, and an attempt to shrink the hospital's size by transferring less sick elderly patients to a newly created rehabilitation facility. The study's findings suggest that efforts to impose hospital cost containment by exclusively political means are unlikely to succeed.     

An outsider's view of Dutch euthanasia policy and practice

This article provides a critical analysis of Dutch euthanasia policy and practice. The research benefited from twenty-eight interviews conducted in the Netherlands during the summer of 1999 with some of the leading figures who dictate the decision-making process and take an active part in the debates. The discussion begins with a review of the two major Dutch reports on euthanasia and the conflicting views and interpretations offered by the literature. Next, I provide some data about the interviews, and then analysis indicating that the Dutch Guidelines on the policy and practice of euthanasia do not provide ample mechanisms against abuse. I argue that the Dutch Guidelines are insufficient, do not provide adequate control over the practice of euthanasia, and that the entire policy should be revised and made more coherent and more comprehensive.     

Developments in legal and medical practice regarding the unborn child and the need to expand prenatal legal protection

Developments in legal and medical practice in the Netherlands give rise to questions regarding the legal position of the unborn child. This article provides an overview of these developments and argues--in view of developments in other countries--that current Dutch legislation regarding the unborn child is not up to date. In effect, the article challenges the idea that the actual legal protection of the unborn child under positive Dutch law can be considered proportionate, even sufficient. To support this view the author will show that abortion is not the only matter in which clarity as to the legal protection of the viable unborn child is required. This signalisation provides good cause to reconsider the Dutch perspective on the matter, thus offering a point of reference to countries with a similar interpretation of what constitutes an appropriate legal protection of the unborn child.     

Looking for displacement effects: exploring the case of ecstasy and amphetamine in the Netherlands

This article assesses the role of crime displacement within organized crime, taking the Dutch synthetic drugs market as a case study. Since the late 1990s, the policy of the Dutch government has focused on raising barriers to synthetic drugs producers in obtaining precursors and other essential chemicals. The reason is simple. Without these chemicals there would be no synthetic drugs. Over the years, this policy has resulted in a scarcity of the main ingredients for synthetic drugs. But how have criminal organizations responded to this scarcity? Can displacement effects be identified and can they be attributed to specific prevention measures? The answer is a partial yes. Yes, crime displacement can be identified in organized crime. However, measuring the precise effects remains complex.     

Strategic versus emergent crime groups: the case of Vietnamese cannabis cultivation in the Netherlands

This article addresses the nature and development of the Vietnamese involvement in cannabis cultivation in the Netherlands. The findings are based on empirical data collected from national police registrations, case studies and in-depth interviews with over 30 Dutch and international respondents. The authors describe the background characteristics of Vietnamese cannabis farmers, the structure of the predominantly mono-ethnic Vietnamese criminal groups and the international context. A situational approach to organised crime is applied to illustrate the ‘emergent’ character of the Vietnamese crime groups as opposed to a ‘strategic’ context of organised crime. The Vietnamese supervisors in the Netherlands have legal citizenship and often have ‘careers’ in cannabis-related crimes. It would appear that for a Vietnamese gardener or farmer, the path into cannabis cultivation is linked to financial debt. Besides situational factors, group characteristics, such as the migrant community, seem important in understanding the Vietnamese involvement in the Dutch cannabis market.     

The Legal Position of the Married and Unmarried Father Under English and Dutch Law: Sharing Parenting or Just Going Dutch?

This article addresses the issue of the legal position of the married and unmarried father under English and Dutch law. The legal position under English Law in the UK for the married and unmarried father may be familiar to English family lawyers. The situation for unmarried fathers can be seen as more 'precarious' and less legally secure than that of the married father in terms of the legal recognition of fatherhood and the exercise of parental responsibility. Fathers who are not married to the mothers of their children are not recognised as 'fathers' in law in the same way as the married father. They will possess the automatic parental responsibility that the married father has, as a result of the implementation of new legislation which acts as a 'gateway' to the effective exercise, in legal terms, of 'fathering' activities. Whilst there have been some reforms, this are set in the context of problems and difficulties in regulating unmarried relationships in general. There is disparity in legal treatment between the married and the unmarried relationship, fatherhood in particular, but this distinction shows signs of diminishing, as it has done under Dutch law. In The Netherlands, as in a lot of other European countries, family law has been subject to continual law reforms, as a consequence of social developments. Also decisions of the European Court of Human Rights have forced the Dutch government to adapt legislation. Due to the equality principle, many benefits of marriage are now also granted to unmarried people. Since the extended law reform in 1998 the terms 'legitimate' and 'illegitimate' child – for children born inside and outside of marriage – no longer exist. Instead the term 'family ties' was introduced. This article will discuss the major issues which concern the legal position of the married and the unmarried father under English and Dutch law.     

National Parliaments in the European Union: Are There Any Benefits to Integration?

Abstract: Scholars and observers alike agree that the European Union has weakened national parliaments. This article posits that such a view, while generally accurate, ignores ways in which the EU has helped national parliaments in their function as regulators of society. It identifies two key mechanisms: precedent setting and policy transfer. First, the EU has produced laws on topics considered beyond the traditional remit of national parliaments. The EU's intervention has justified the production of unprecedented domestic laws that go well beyond the incorporation of EU principles. This has expanded the legislative reach of national parliaments. The article considers the experiences of Italy and The Netherlands in the area of antitrust. Second, the EU has fostered an environment conducive to cross‐national lesson drawing. The resulting knowledge has helped the design of more effective domestic legislative frameworks. This has confirmed the viability of national parliaments as regulatory institutions. The article examines the Open Method of Co‐ordination and its application to the areas of employment and social inclusion. It concludes with a discussion of parliaments in future Member States and in Mercosur.     

The Fight Against Organised Crime in Europe: A Comparative Perspective

This article provides an overview of the measures and actions taken by the Member States of the European Union in their fight against organised crime and transborder crime. The Action Plan to Combat Organized Crime adopted by the Ministers for Justice and Home Affairs during the Dutch EU Presidency, submitted some 30 recommendations with respect to greater harmonisation regarding the fight against organised crime in the EU Member States. The author gives a concise summary of the most relevant changes and the structural characteristics per Member State, paying attention to developments in the specific countries and the organisations involved. One of the conclusions reached is that few or no reforms within national investigative and prosecution authorities may be directly traced back to the regulatory impulses of the EU. Although the EU Action Plan has not yet realised a convergence of the systems, the European process of integration has increased the mutual transparency and knowledge of one another's systems.     

Gotham unbound Dutch style

An inquiry committee of the Dutch parliament concluded that the capital Amsterdam – and especially the famous Red light district – is a centre of national and international organized crime. The city of Amsterdam set up a project to develop and implement an administrative approach to combat the organized crime problem: the Van Traa-project. This project is internationally recognized as a successful example of such an approach. Elaborating on an evaluation study this article critically analyses the policy theory and the effects of this project. This analysis shows that the assumptions that underlie the project are debatable, or proved hard to employ in practice. Despite the fact that in the policy plans the necessity of a multi-agency approach is stressed, external parties such as the police and the public prosecutors department take a rather passive stand, preventing the administrative approach of becoming a part of a truly integrative approach to organized crime. Furthermore, this article proves that it is hard to confirm this successfulness in a sound scientific manner. Many positive results can be observed, but it remains unclear to what extent these results have an impact on organized crime. Although some indications of a plausible impact of the measures taken in the Van Traa-project on organized crime were found, this article also refers to some indications of counterproductive effects.