28 October 2025
A Judicial Compromise
On 3 October 2025, the Supreme Court of the Netherlands handed down its judgment concerning the export of parts for the F-35 jet fighter to Israel. We highlight two notable elements. First, the Court did not follow the teleological interpretation typically taken by the ECJ. Another approach to interpretation of international and EU law could have led to a (partly) different outcome of the case. Second, we agree that, given the State’s discretionary power, civil courts must exercise restraint when dealing with foreign policy and national or international security. Continue reading >>
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