The website of the Dutch Association of Cassation Lawyers in Criminal Cases (VCAS) publishes a blog about recent developments of particular relevance to the lawyer assisting clients in cassation proceedings before the Dutch Supreme Court. The blog is edited by various (prospective) members, namely Jacqueline Kuijper (editor-in-chief), Dian Brouwer, Gwen Jansen, Thom Dieben, Simon van der Woude and Sander van ’t Hullenaar.
On 27 January last, a contribution by Thom Dieben entitled “Art. 80a RO: Met recht heeft het (af en toe) niets te maken“. [Art. 80a RO it (sometimes) has nothing to do with the law] was published on this blog. In this contribution, Thom discusses recent case law of the Dutch Supreme Court on art. 80a Wet op de rechterlijke indeling (RO) [Dutch Judiciary Organization act]. Pursuant to this article, the Dutch Supreme Court may declare an appeal inadmissible if it is manifestly devoid of interest or because it is manifestly ill-founded. Particularly in relation to the former category (devoid of interest) the case law of the Supreme Court is constantly developing . Thom is of the view that on the one hand, this poses a (new) practical dilemma for cassation lawyers. On the other hand, this case law is the start of a worrying trend in human rights protection in Dutch criminal cases.
Click here for the text of the full blog post (in Dutch)