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Article

Consultations, Citizen Narratives and Evidence-Based Regulation

The Strange Case of the Consultation on the Collaborative Economy

Journal European Journal of Law Reform, Issue 1-2 2017
Keywords Better Regulation, consultations, evidence-based lawmaking, sharing economy, narratives
Authors Sofia Ranchordás
AbstractAuthor's information

    The 2015 Better Regulation Communication advocates an evidence-based approach to regulation, which includes better consultations and broader civic engagement. In this article, I consider the recent EU public consultation on the regulatory environment of online platforms and the collaborative economy. I enquire in this context whether citizens were seriously regarded as evidence providers and how their knowledge that materialized in individual narratives could contribute to more legitimate and thus better regulation. I argue that an evidence-based approach to regulation should also include citizen narratives as they can provide first-hand and diverse perspectives, which might not be considered in standard consultation questions. I contend that citizen narratives can be particularly useful in complex and rapidly evolving fields where there is still little empirical evidence and where participants are likely to have diverse personal experiences. Drawing on the literature on narratives, I contend that this method of collecting information can help regulators identify new problems and structure solutions in rapidly changing and diverse regulatory fields such as the collaborative economy.


Sofia Ranchordás
Sofia Ranchordás is an Assistant Professor of Administrative and Constitutional Law at Leiden Law School, the Netherlands, and Affiliated Fellow of the Information Society Project at Yale Law School.
Article

The Application of Exception Clauses of the Rome Convention and the Rome I Regulation by the Dutch Courts

An Escape from Reality?

Journal European Journal of Law Reform, Issue 1 2013
Keywords Rome Convention 1980, Rome I Regulation, choice of law, exception clause, international commercial contracts
Authors Emmely de Haan
AbstractAuthor's information

    Both the Rome Convention and its successor the Rome I Regulation contain much discussed provisions on applicable law in the case of absence of a choice of law. Both instruments contain so called ‘exception clauses’ which refer to a closer connection of the contract with one state to the law of another state resulting from the general presumptions. The Netherlands is the frontrunner with a highly restrictive interpretation of the exception clauses. The applicable law to a transnational dispute might not always be the law of the competent court, although courts tend to prefer their own national law with which they are familiar. This year it has been exactly 20 years since the first revolutionary ruling on the subject by the Dutch Supreme Court, the so called Balenpers case. With the recent transition of the Convention into the Regulation, it is useful to analyse these connecting factors and review them in the context of the new Regulation. The Dutch courts have developed numerous connecting factors over the years. The article analyses Dutch case law on international contracts of carriage and international employment contracts from the implementation of the Rome Convention to date.


Emmely de Haan
The author graduated from Utrecht University in 2012 with an LL.M. degree in Dutch Private Law and is currently an LL.M. candidate at the University of Virginia in the United States, specializing in International Trade Law and Regulation and Dispute Settlement. This article is a shorter version of her master thesis, which was supervised by Professor dr. K.R.S.D. Boele-Woelki.
Article

Structuring the Judiciary to Conduct Constitutional Review in the Netherlands

A Comparative and European Perspective

Journal European Journal of Law Reform, Issue 4 2012
Keywords centralized/decentralized constitutional review, Netherlands constitutional law, comparative law
Authors Gerhard van der Schyff
AbstractAuthor's information

    Whether a legal system decides to centralize or decentralize constitutional review by the judiciary is dependent on various factors. This article critically considers a host of these factors, ranging from the separation of powers to the desire to bring about far-reaching constitutional change and the possible impact of membership of the European Union, in studying whether in the Netherlands constitutional review should be centralized or decentralized upon its possible introduction. The conclusion is reached that although decentralization can be opted for under the current circumstances, a persuasive case for centralization can also be made and might even become stronger and inevitable depending on the course of future constitutional reform.


Gerhard van der Schyff
Gerhard van der Schyff is Senior Lecturer in Constitutional Law at Tilburg Law School, The Netherlands.
Article

Occurrence of Disruptive Behaviour in Dutch Civil Procedures

An Empirical Study

Journal European Journal of Law Reform, Issue 4 2012
Keywords civil procedure, case management, procedural justice, procedural sanctions, procedural rules
Authors Martin Gramatikov and Stéphanie van Gulijk
AbstractAuthor's information

    In 2002, the civil procedure in the Netherlands was reformed. A fairly simple system of positive and negative stimuli was set up in order to ensure that the civil process develops in an efficient and timely manner. In this article, we explore the prevalence of process-disturbing behaviour as well as the response of the judges to such behaviour. Ninety eight civil cases were observed. We also conducted interviews with judges, lawyers and parties involved in these cases. The main finding is that in almost all cases there is at least one process-disturbing behaviour. On average there are 3.4 instances of such behaviour per case. Most often the disturbing behaviour is part of the categories communication problems. As it concerns the reaction of the judges, we see patterns of various strategies. Judges are not immediately responding actively to disturbing behaviour. However, when a certain threshold has been reached, the judges tend to take active steps and apply the tools they have. Most often, judges use different sorts of communication interventions. Procedural instruments for counteracting disturbing behaviour are used vey rarely. Our interpretation is that judges in the Netherlands are concerned about process efficiency but are also aware of the procedural justice and particularly interpersonal justice aspects of the process. We recommend that initial and ongoing legal education and training pays more attention on the communication and interpersonal skills and abilities involved in dispute resolution.


Martin Gramatikov
Martin Grammatikov is senior researcher at Tilburg University, Private Law department, and Head of Measurement and Evaluation at the Hague Institute for the Internationalisation of Law.

Stéphanie van Gulijk
Stéphanie van Gulijk is senior researcher and lecturer at Tilburg University, Private Law department, and Legal counsel at Poelmann van den Broek Laywers. Both authors cooperated in the research project that is central in this paper: M. Barendrecht, S. van Gulijk, M. Gramatikov, P. Sluijter, De goede procesorde in beeld. Over gedrag van procespartijen en de regiefunctie van de rechter, in Research Memoranda Raad voor de rechtspraak, nummer 1-2011, jaargang 7.

Patricia Popelier
Professor at the University of Antwerp, Post-Doctoral Researcher for FWO-Flanders (Fund for Scientific Research).
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