Doing Business in the Netherlands 2012 - American Chamber of ...

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As the highest court in the fields of civil, criminal and tax law in the Netherlands, the Supreme Court (Hoge Raad) is responsible for hearing appeals in cassation. Facts of the case as established by the lower court are not reviewed. The Court comprised the Chief Justice and 38 judges. The judges are appointed for a lifetime period. 1.4.1 Special Tribunals There are three special tribunals in the Netherlands that are competent in specific areas of administrative law. The Central Appeals Tribunal (Centrale Raad van Beroep) is a board of appeal which is mainly active in legal areas pertaining to social security and the civil service. In these areas, it is the highest judicial authority. The Tribunal is based in Utrecht. The Trade and Industry Appeals Tribunal (College van Beroep voor het Bedrijfsleven) is a special administrative court which rules on disputes in the area of social-economic administrative law. In addition, this appeals tribunal also rules on appeals for specific laws, such as the Competition Act and the Telecommunications Act. The Tribunal is based in The Hague. The Administrative Jurisdiction Division of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State) in The Hague is the highest administrative court with general jurisdiction in the Netherlands. It hears appeals lodged by members of the public, associations or commercial companies against decisions by municipal, provincial or central governmental bodies. Disputes may also arise between two public authorities. The decisions on which the Division gives judgment include decisions in individual cases (e.g., refusal to grant a building permission) as well as decisions of a general nature (e.g., an urban zoning plan). 1.4.2 International Courts The Netherlands is host to five international courts: the Permanent Court of Arbitration, the International Court of Justice, the 14 Baker & McKenzie
Doing Business in the Netherlands 2012 International Criminal Tribunal for the Former Yugoslavia, the International Criminal Court, and the Special Tribunal for Lebanon. The first four are situated in The Hague, as is the EU’s criminal intelligence agency Europol and judicial cooperation agency Eurojust. This has led to the city being dubbed “the world’s legal capital.” The fifth tribunal is situated in Leidschendam. The Netherlands has a capitalist market-based economy, ranking 6th among 43 countries in the European region according to the Index of Economic Freedom. 1.5 Economy Macroeconomic figures 2011 Value Gross domestic product (GDP) EUR607 billion GDP per capita EUR32,500 GDP growth 1.5% Inflation rate 2.6% Total workforce 7,845,000 Unemployment rate 5.6% The Dutch economy has a strong international focus, the country being one of the European Union’s most dynamic centers of trade and industry. Its global competitiveness position has strengthened according to the 2011 report released by the World Economic Forum (WEF), being at 7th place in the Global Competitiveness Index (GCI). 1.5.1 Downturn In the Netherlands, as elsewhere, the global economic downturn has taken its toll. Global recession and financial pressures do not respect national borders, especially those of open economies such as the Netherlands. Although the Netherlands had the advantage of a relatively strong economy and low national debt going into the crisis, it is a trading nation and its port of Rotterdam is an important economic engine. Baker & McKenzie 15
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