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Legal Aid and Aliens in Netherlands Law

Published online by Cambridge University Press:  21 May 2009

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Extract

Themis is blind. The law is the same for wealthy and poor alike. Access to the court is open to all equally. The standard used applies to all equally. Fine ethical postulates, but not free of magniloquence. The law is for sale at a price, and a high price. In the field of law the asking of a price also produces inequality. For some time now the Dutch legislator has attempted to eliminate this discrimination by the use of aids. The person of nil assets who wishes to assert his rights or to defend them deserves support, at least financial support. However, this activity of the legislator has not remained free from scepticism and criticism. Dutch nationals have the right to support, thus, not litigants in general. In various legal provisions aliens, in principle, are excluded from that right. In various places in civil procedural law aliens are discriminated against -albeit financial discrimination. The core of the argument expounded below lies in two of those places: where in principle persons are excluded from free legal assistance (whether in or out of court); and where in principle they are excluded from cost free access to the courts.

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Articles
Copyright
Copyright © T.M.C. Asser Press 1976

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References

1. AK refers to the T.M.C. Asser Institute's Private International Law Card Index System.

2. District Court, The Hague 13.3.1957, N.J. 1957, no. 298 and 25.10.1960, N.J. 1962, no. 59; President, Court of Appeal, 's-Hertogenbosch, 26.7.1968, N.J. 1968, no. 324.