Civil Law and Administrative Law
9 important questions on Civil Law and Administrative Law
Where do most lawsuits fall under?
–Civillaw:wherethere is a legaldisputebetweentwocitizens. Administrativelaw: wherecitizens have a disputewith the government
What can everyone from the age of eighteen do?
•can bring a disputewithanothercitizenbeforean independent court.
How do we understand the term 'citizens' in law/
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What is the difference between public law and civil law?
•Criminallaw is about the verticalrelationshipbetweencitizensandgovernment.
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•Civillaw is abouthirzontalrelationshipsbetweencitizens.
–Citizens start legalproceedings.
–The judgeplays a passiverolehere.
How does civil case proceed?
•The case beginswhen the claimant serves a summons via the bailiff on the defendant.
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•The actual case takes part. Youcanrepresentyourself. The defendantdoesn’t have toappear. A written statement suffices.
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•The judgeweighs up the argumentsandexamines the evidencepresentedby the parties.
What happens when sentencing?
•The judgecanrulethateither the claimant or the defendant is in the right.
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•Sentencing the losing party:
–Giving the claimantwhat he demands.
–Pay a penalty foreach time the defendantdoesn’tobligeby the rules.
–The losing party has topay the judicialcosts of the lawsuit.
What is an injunction proceeding?
•In Dutch: kort geding.
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•In some cases, it is important to get a quick ruling.
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•A fastandsimplified procedure that is heardbyan interim reliefjudge.
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•Oftenusedto stop employees from striking.
Why do we havve administrative law?
•Legal protectionagainst the governmentalsoimpliesthatgovernmentbodiescannotimposeallsorts of financial burdens on citizens. Administrative law deals withthe vertical relationship between the citizen and the government.
In which four areas play administrative law an particular rule/
- paying out beneffits and subsidies: welfare benefits, child beefits, care allowances, rent subsidies
- Dealing with applications for asylum and residence permits. Not have the residents of country right sbut also foerigners who apply for asylum or residence permits.
- The imposition and collection of taes, such as income tax, car tax and VAT by which each kind of tax is regulated ina separate law.
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