Benthem v Netherlands
Encyclopedia
Benthem v Netherlands, in Dutch literature referred to as Benthem, was a legal case argued before the European Court of Human Rights
, between the Netherlands
and the Dutch national Albert Benthem.
Municipal authorities
granted Benthem a licence, which was destroyed by the Crown (Dutch government) on appeal. Benthem filed an application before the Court and claimed that the Dutch authorities denied him the right to a fair trial
of Article 6 (1) of the European Convention on Human Rights
(ECHR), as the Crown was not an independent and impartial tribunal. The Court held that there was a violation of Article 6 (1) by the Dutch authorities.
The ruling of the Court led to substantial changes of Dutch administrative law
, most notable the elimination of the Kroonberoep (Dutch for 'Crown appeal') and the inclusion of a court procedure.
, Netherlands. On April 1976 he applied to the municipal authorities for a licence to establish and maintain an installation for the delivery of liquefied petroleum gas (LPG). After the application was made public, three neighbours expressed fear of fire and explosion being caused by lightning. A regional health inspector
advised the municipal authorities to deny Benthem's request. Despite the health inspector's advise, the licence was granted on August, with several conditions to counter possible dangers.
On September, the health inspector lodged an appeal with the Crown, the so called Kroonberoep. Investigations by the Dutch government on June 1979 led to the conclusion that the licence should not have been granted. The municipal authorities' decision, and therefore the licence, was quashed by Royal decree
a few weeks later. During that time, Benthem had already established the LPG installation. The municipal authorities ordered him to cease operation. His appeal against that decision was denied on June 1980, as the Crown confirmed the earlier decree. A second decision, providing for the closure of the installation by the authorities themselves, was quashed on formal grounds by the Council of State
on July 1982.
Benthem filed an application with the European Commission of Human Rights
on December 1979. He claimed that a dispute over civil rights and obligations was involved and that his case was not heard by an independent and impartial tribunal, thus being a violation of the right to a fair trial of Article 6 (1) ECHR. His application was declared admissible on March 1982. The Commission expressed the opinion that Article 6 (1) of the Convention was not applicable in the case, that it was not necessary to determine whether the proceedings complained of were in conformity with the requirements of that provision and that there had been no breach thereof.
Both the Dutch government and Benthem requested a decision of the European Court of Human Rights
on August 1984. By that time, Benthem had been declared bankrupt.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, between the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and the Dutch national Albert Benthem.
Municipal authorities
College van Burgemeester en Wethouders
The college van burgemeester en wethouders is the executive board of a municipality in the Netherlands. This local government body plays a central role in municipal politics in the Netherlands. It consists of the mayor and the members of the municipal executive...
granted Benthem a licence, which was destroyed by the Crown (Dutch government) on appeal. Benthem filed an application before the Court and claimed that the Dutch authorities denied him the right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
of Article 6 (1) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(ECHR), as the Crown was not an independent and impartial tribunal. The Court held that there was a violation of Article 6 (1) by the Dutch authorities.
The ruling of the Court led to substantial changes of Dutch administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, most notable the elimination of the Kroonberoep (Dutch for 'Crown appeal') and the inclusion of a court procedure.
Circumstances of the case
Albert Benthem used to own and run a garage in NoordwoldeNoordwolde
Noordwolde is a village in Weststellingwerf in the province Friesland of the Netherlands and has around 3789 citizens .Traditionally known as the reed weaving village of the Netherlands, today Noordwolde has a lot more to offer than its rich history and the renowned National Museum of...
, Netherlands. On April 1976 he applied to the municipal authorities for a licence to establish and maintain an installation for the delivery of liquefied petroleum gas (LPG). After the application was made public, three neighbours expressed fear of fire and explosion being caused by lightning. A regional health inspector
Health inspector
A health inspector is a public employee who investigates health hazards in a wide variety of locations, then will take action to mitigate or eliminate the hazards...
advised the municipal authorities to deny Benthem's request. Despite the health inspector's advise, the licence was granted on August, with several conditions to counter possible dangers.
On September, the health inspector lodged an appeal with the Crown, the so called Kroonberoep. Investigations by the Dutch government on June 1979 led to the conclusion that the licence should not have been granted. The municipal authorities' decision, and therefore the licence, was quashed by Royal decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
a few weeks later. During that time, Benthem had already established the LPG installation. The municipal authorities ordered him to cease operation. His appeal against that decision was denied on June 1980, as the Crown confirmed the earlier decree. A second decision, providing for the closure of the installation by the authorities themselves, was quashed on formal grounds by the Council of State
Dutch Council of State
In the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience...
on July 1982.
Benthem filed an application with the European Commission of Human Rights
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
on December 1979. He claimed that a dispute over civil rights and obligations was involved and that his case was not heard by an independent and impartial tribunal, thus being a violation of the right to a fair trial of Article 6 (1) ECHR. His application was declared admissible on March 1982. The Commission expressed the opinion that Article 6 (1) of the Convention was not applicable in the case, that it was not necessary to determine whether the proceedings complained of were in conformity with the requirements of that provision and that there had been no breach thereof.
Both the Dutch government and Benthem requested a decision of the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
on August 1984. By that time, Benthem had been declared bankrupt.