Questionnaire Netherlands, The
IV.3 What are his main tasks in administrative law?
In sect. 124 Judicial Organisation Act referral is
made to prosecutorial tasks outside criminal law: ‘The prosecutor shall
administer criminal law enforcement of the legal order and shall comply with
other tasks laid down by law’.
These other tasks are quite diverse and complex and are in the field of private and commercial law as well as administrative law.
As a rule the prosecution service can act in all civil cases. A prosecutor can interfere in any law suit of other parties in order to give advice to the court based on public interest. This power is hardly used by the prosecution service. In private law the prosecutorial tasks and powers are mainly related to family law and inheritance law.
In family law, the prosecutor has the task to uphold public order and to guarantee the rights of the personae miserabiles, persons who need protection due to their young or old age or their mental state.
The tasks of the prosecution service to guarantee that the registers of birth, death and marriages are kept accurately and the powers to give instructions to complete or correct the registers are consequences of his task to uphold public order because the documents from those registers can give evidence and can have legal consequences so that the truthfulness of those documents is a matter of public order. The powers of the public prosecutor to request to interrupt or nullify irregular marriages or registered partnerships are also related to his task to uphold public order. Furthermore, the prosecution service has the power to request a guardianship or mentorship of persons who are not able to protect their own interests, provided that no others take action. This task is related to the protection of personae miserabiles.
In the field of inheritance law, the prosecution has also a number of powers to protect the public interest such as interference in the settlement of estates provided that there is no private interested party to safeguard his legal rights.
In commercial law, the public prosecutor has the power to request the court to restrict or examine the whereabouts of a corporation or to dissolve or nullify legal entities. In insolvency matters, the prosecution service has the power to interfere in order to prevent that creditors are defrauded.
In the field of administrative law the prosecution service has various tasks as well. Of major importance are the powers of the prosecution service under the Psychiatric Hospitals (Compulsory Admissions) Act such as the power to request court orders for the admission and further stay in a psychiatric hospital of persons who are due to their mental disorder, a danger for themselves or for others.
These other tasks are quite diverse and complex and are in the field of private and commercial law as well as administrative law.
As a rule the prosecution service can act in all civil cases. A prosecutor can interfere in any law suit of other parties in order to give advice to the court based on public interest. This power is hardly used by the prosecution service. In private law the prosecutorial tasks and powers are mainly related to family law and inheritance law.
In family law, the prosecutor has the task to uphold public order and to guarantee the rights of the personae miserabiles, persons who need protection due to their young or old age or their mental state.
The tasks of the prosecution service to guarantee that the registers of birth, death and marriages are kept accurately and the powers to give instructions to complete or correct the registers are consequences of his task to uphold public order because the documents from those registers can give evidence and can have legal consequences so that the truthfulness of those documents is a matter of public order. The powers of the public prosecutor to request to interrupt or nullify irregular marriages or registered partnerships are also related to his task to uphold public order. Furthermore, the prosecution service has the power to request a guardianship or mentorship of persons who are not able to protect their own interests, provided that no others take action. This task is related to the protection of personae miserabiles.
In the field of inheritance law, the prosecution has also a number of powers to protect the public interest such as interference in the settlement of estates provided that there is no private interested party to safeguard his legal rights.
In commercial law, the public prosecutor has the power to request the court to restrict or examine the whereabouts of a corporation or to dissolve or nullify legal entities. In insolvency matters, the prosecution service has the power to interfere in order to prevent that creditors are defrauded.
In the field of administrative law the prosecution service has various tasks as well. Of major importance are the powers of the prosecution service under the Psychiatric Hospitals (Compulsory Admissions) Act such as the power to request court orders for the admission and further stay in a psychiatric hospital of persons who are due to their mental disorder, a danger for themselves or for others.
