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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24 May 2024
A Collision Foretold
On 16 May, four Dutch parties presented a new governing agreement (Agreement). The four parties PVV, VVD, NSC, and BBB will form one of the most right-wing governments in Dutch history. They vow to impose the strictest migration policy to date. The proposed migration measures under the Agreement endanger the fundamental rights of migrants and people applying for international protection. The plan also put the Netherlands on a collision course with the EU as many of the measures are contrary to the provisions in the EU Migration Pact, which was adopted last week. Continue reading >>
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