Comment

Comment by Farida Magdalena Gillot on April 18, 2012 at 12:46pm

 

There is a big misunderstanding that Netherland is a democratic country. We are taught so at school, but since WWII this is not the case. Nazi-Germany took over the 'empty' government, and removed many articles in the case of the 'habeas corpus". When back again after the war, these changes were never undone. No, during the years, up till  now silently more essential articles were removed, and only insiders knew what that meant. The last hope, de actio opularis was removed in 2005. Actio popularis (people claim) was up till then a legal term. It means the right of everyone (each member of the people) to object to government decisions, even when the case has no personal interest.From 2005 it is prohibited trying to make use of the most essential civilian rights in Belgium and the Netherlands. Our only hope in the should be the Constitutional Court. But our country is the only EU-country, which has not one,and Article 120 of the Dutch Constitution also prohibits the court to the law against the Constitution.

So would we be able to find justice in the European Court of Human Rights ? That's still to discover.
This shoul be our man:

Egbert Myjer  - Netherlands

Born on 31 July 1947 in Arnhem
Master in Law, University of Utrecht, 1966-72
Assistant professor Criminal Law, University of Leiden, 1972-79
(Founding) editor Netherlands Human Rights Law Review (NJCM-bulletin), 1976-2004
Vice-dean Netherlands Training Institute for the Judiciary/Trainee judge at the District Court of Zutphen, 1979-81
Judge of the District Court of Zutphen, 1981-86
Vice-President of the District Court of Zutphen, 1986-91
Advocate-General of the Court of Appeal, La Haye, 1991-95
Deputy Prosecutor-general/Chief Advocate General at the Court of Appeal, Amsterdam, 1996-2004
Professor of Human Rights, Free University of Amsterdam, 2000
Judge of the European Court of Human Rights since 1 November 2004.

I grew up in Arnhem, who knows ;-)