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Netherlands
Country of Decision : Netherlands
Court Name : NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Date of decision : 07/04/2020
Type : Judgment
ECLI : ECLI:NL:RVS:2020:992
Case Number/Citation/ Document Symbol : 202002016/1/V3

Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid)

NL: The Council of State rules on COVID-19 affecting the public pronouncement of court decisions in asylum cases

The case concerns the restrictions on public hearings during the COVID-19 pandemic, restrictions imposed on 17 March 2020. The judiciary sought a temporary alternative to holding disclosure hearings in order to meet the requirement that judgments should be pronounced publicly. The applicant in this case contested the fact that the decision in his case was pronounced publicly (as stated on the decision). 

According to the contribution of the EASO Courts and Tribunals Network:

The Administrative Jurisdiction Division of the Council of State (Division) "finds that the (District) Courts may suspend the disclosure hearings, given the current circumstances. The Division considers that the publication of the full text of judgments on the Internet via www.rechtspraak.nl provides easy access to interested parties. As publication of all judgments is not yet possible due to limited capacity of the Court administration, an alternative is to make available to interested parties and free of charge an official record of the judgments made on the same day. Interested parties can then request a copy of a judgment. The Division accepts this alternative in the understanding that the courts try to publish as many judgments as possible. The Division rules that the combination of sending the judgement to the parties and providing an opportunity for interested other parties to become aware of the judgement via the internet or publication of official records is acceptable and does justice to the essence of the principle of public justice given the current very exceptional circumstances. The Division underlines that the adjusted court practice should be of a temporary nature."

COVID-19/Emergency measures; Effective remedy; Second Instance determination;

National law only (in case there is no reference to EU law/ECHR);

EASO Courts and Tribunals Network

Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), 202002016/1/V3, ECLI:NL:RVS:2020:992 , 07 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1249