文档介绍：STANDING TO RAISE CONSTITUTIONAL ISSUES IN THE
NETHERLANDS
Tom Zwart* Law Faculty, Utrecht University, herlands.
IV B 3
1 Introduction
The present report deals with the standing rules applicable in herlands.. I would like to thank Chloé Flatley and Judith Van Haersma Buma for their valuable assistance.
So as to keep the report within manageable proportions no attention will be paid to the actio popularis prevalent in planning and environmental law, as it is the exception to the rule that the applicant must have a stake in the e to eed. In order to make the Dutch standing rules more accessible, US terminology has been followed wherever possible.
Section 2 will deal with some preliminary constitutional questions necessary to put the rest of the report into perspective. Section 3 will discuss the sources of and the rationale for standing. Section 4 will be devoted to the standing rules applicable to individuals, organisations and political entities respectively. Section 5 will consider the separate issues of mootness and ripeness. Section 6 contains some concluding remarks.
2 Constitutional preliminaries
Before going into the details of Dutch law on standing, three constitutional points should be made at the outset.
First of all, under Article 120 of the Constitution, courts in herlands are not allowed to review the constitutionality of Acts of Parliament.. The Article reads as follows: >The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.=
Despite courts not being permitted to look into the constitutionality of Acts of Parliament, no such impediments exists regarding secondary legislation, such as orders in council and ministerial regulations. Additionally, courts may review patibility of any national rule with self-executing provisions of treaties and decisions of anisations due to Article 94 of the Constitution.. This Article reads as follows: >Statutory regulations in force within the Kingdom shall not be