Procedural Justice in Dutch Administrative Law Proceedings

Abstract

In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just. Within the New Approach we discern five procedural justice elements: (1) respect, (2) voice and due consideration, (3) some influence on how proceedings will continue, (4) an explanation of how the proceedings will continue and (5) direct interpersonal contact. The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i) the possible or supposed collision between legally right outcomes and procedural justice and (ii) the lack of uniformity and predictability. Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.