Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Netherlands
- Themes
- Type of document
- Law
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Netherlands/2001/415
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Law of 26/01/2001
Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Law of 26/01/2001
Bailiffs' Act
Author(ity)
Queen Beatrix of the Kingdom of the Netherlands
Number of the law
n/a
Date of the law
26/01/2001
Points of law
Article 3a of the Bailiffs' Act empowers the State to intervene if it considers that the service of a notification would be contrary to its obligations under international lawSpecific provision(s) of the law
Article 3a of the Bailiffs' Act:"1. A bailiff who is instructed to perform an official act shall, if he must reasonably take account of the possibility that performing the act in question would be incompatible with the State’s obligations under international law, immediately inform Our Minister [the Minister of Justice] of the instruction in the manner prescribed by ministerial order.
2. Our Minister may notify a bailiff that an official act which he has been or will be instructed to perform or which he has performed is incompatible with the State’s obligations under international law.
3. Such notification may only be given ex officio. If the matter is urgent, notification may be given verbally, in which case it must be confirmed in writing without delay.
4. The notification shall be published by being placed in the Government Gazette (Staatscourant).
5. If, when he receives notification as referred to in paragraph 2, the bailiff has not yet performed the official act, the effect of the notification shall be that the bailiff is not competent to perform the official act. An official act performed contrary to the first sentence shall be void.
6. If, when a bailiff receives notification as referred to in paragraph 2, the official act has already been performed and involved a writ of seizure, the bailiff shall immediately serve the notification on the person on whom the writ was served, cancel the seizure and reverse its consequences. The costs of serving the notification shall be borne by the State.
7. A judge hearing applications for provisional relief may, in interim injunction proceedings, terminate the effect of the notification referred to in the first sentence of paragraph5 and the obligations referred to in paragraph 6, without prejudice to the powers of the ordinary courts. If the official act involves seizure, article 438, paragraph 4 of the Code of Civil Procedure shall apply."
