Summary LLS Important Articles and Summaries

LLS Notes- Important Articles
Week 2- Constitution
 Art. 24: System of govt. (NL)
o Constitutional monarchy
 Art. 42: Position of King
 Art. 120: No Constitutional review

Trias Politica
 Art. 81: Legislative branch
 Art. 42, 89, 97, 131: Executive branch
 Arts 112-113: Judiciary

Week 3-GALA
Administrative Authority
 Art. 1:1(1)
o (a): organ of legal entity established under public law
o (b): another person/body vested with any public authority
 Established under private law
 Art. 1:1(2): Exception

Orders
 Art. 1:3: General characteristics:
o Written
o By admin. authority
o Constituting a public law act
 Art. 1:3(2): Rejection of an application still a decision

Enforcement + Sanctions
 Art 5:2 (1)(b)+(c): Types of sanctions
o Punitive
o Reparatory
 Art. 5:21: Coercive action for physical action (conditional sanction)
o Threat= order for the protection of the people
o Not an order due to the fact that it’s a physical deed
 Arts 5:1, 5:2 (1)(b), 5:31(d): Coercive penalty payment (conditional sanction)

Procedure to Reach Admin. Court
1. Art. 8:2: Appealable order
2. Art. 1:2: Interested party
3. Preliminary Procedure: Examination of judicial + functional correctness

Litigation (Appeal In Court)
 Admin. Proceedings
 Civil Proceedings

, o Private dispute OR
o If criteria for appealing to admin. judge not met
 General Rule (Which Court has Jurisdiction):
o Art. 73 C: ‘Council of State Admin. Law Division’ if not stated otherwise in
the law
o Central Appeals Court: For laws related to social security
o Trade and Industry Court: For economic laws

Week 4- Criminal Law
 Arts 16 C, 1 CC, 7 ECHR: Legality principle

Defences
 Unlawfulness (Sr):
o Art. 40: Force-majeur (necessity)
o Art. 41(1): Self-defence
o Art. 42: Performance of legal duty
o Art. 43(1): Compliance with authorized official order
 Guilt (Sr):
o Art. 40: Necessity in the form of duress
o Art. 41(2): Unreasonable use of self-defence
o Art. 39: Mental disorder
o Art. 43(2): Compliance with unauthorized official order

End of Criminal Case
 Arts 348-352 Sv: Preliminary + Fundamental Questions

Preliminary Q’s:
1. Are the summons valid?
2. Is the court competent?
3. Does the prosecutor have the right to institute proceedings?
o Art. 69 Sr: Defendant not deceased?
o Art. 70 Sr: Charge not extinguished by limitation?
o Art. 68 Sr: No double prosecution? (doesn’t count for prelim. Q’s)
o Art. 486 Sr: Defendant not under 12 years?
4. Are there grounds for suspension of the prosecution?
o Art. 16 Sv: Defendant mentally capable of being tried?

Fundamental Q’s:
1. Are charges proven?
2. Do the proven facts fall within the scope of a statutory offence?
3. Is the defence punishable?
o Are there legitimate justifications?
4. Which sanction should be imposed?
o Principal penalties= imprisonment/ custody/ fine/ community service
o Additional penalties= making judgement public/ revocation of certain rights

Week 5- International Law