Dutch Law & Legalities
For expats in the Netherlands, a helpful overview of the role played by Dutch lawyers (advocaten) vs. civil law notaries (notaris), and general workings of the Dutch judicial system (rechtspraak)…
DUTCH LAWYER
The Nederlandse Orde van Advocaten (NOvA) is the Netherlands Bar organization, an independent professional association whose members are allowed to practice law in De Rechtspraak (the Dutch courts system). The organization was established by the Advocatenwet (Lawyers Act) in 1953. NOvA is responsible for setting, maintaining and upholding the rules and regulations that govern the Dutch legal profession. It is also responsible for keeping the Dutch Lawyer Register up-to-date.
To become an attorney (advocate) in the Netherlands, a person must study law at the university level and earn both Bachelor of Law and Master of Law degrees (or a Doctorate of Law degree). Following graduation, the candidate spends 3 years working as an apprentice, training under the guidance of an established ‘principal’ attorney. The candidate applies for membership at one of 11 regional Bar associations in the Netherlands where they intend to practice.
Advocates practice law in accordance with the ‘Code of Civil Procedure’ [Wetboek van Burgerlijke Rechtsvordering] and the ‘Code of Criminal Procedure’ [Wetboek van Strafvordering]. Dutch lawyers, like those in other countries, generally become specialized in one or two areas, such as family, corporate, criminal, employment or immigration law.
The Netherlands’ Bar association guidelines for attorney behavior include:
- independent towards his client, third parties and the cases in which he acts in this capacity
- partial to looking after the justified interests of his client
- competent and able in Dutch law with sufficient knowledge and skills
- ethical and refrains from acts or omissions that do not befit a respectable advocate
- a person of trust who observes confidentiality within the limits set by law and justice
DUTCH NOTARY
A Dutch notary (notaris), is not comparable to a ‘notary public’ in other countries. Rather it is on par with a lawyer (advocate), as both are professional legal advisors.
To become a notary in the Netherlands, a person must have studied Dutch law at the university level and earn Bachelor and Master of Law degrees (or a Doctorate of Law degree). After graduating university, the candidate apprentices as a ‘junior’ notary for 6 years before they can be considered for an appointment by the Koninklijke Notariele Beroepsorganisatie (KNB) or ‘Royal Notarial Professional Organization’. A civil law notary is appointed for life by the Dutch Crown (but can be granted an honorable discharge at age 65).
A notaris performs his/her duties in accordance with the 1999 Wet op het Notarisambt (Notaries Act). A Dutch notary is independent and impartial and can act on behalf of both parties in legal matters. For example, with a property sale, he/she can provide legal oversight for both the seller and the purchaser.
A notary works in the private legal sector which includes real estate, wills and testaments, corporate and family law.
A notaris is sworn to uphold professional confidentiality and has the right to withhold client information in court the same way as a doctor or lawyer.
The notary performs activities that legalize transactions, agreements and documents. These activities include:
- Transferring a property title
- Creating/cancelling a mortgage
- Creating/changing a will
- Creating/amending a pre-nuptial agreement
- Incorporating a private limited company (NV)
- Transferring shares in a private limited company (NV)
- Establishing a foundation (stichting)
The website Notaris.nl by the KNB provides answers to many consumer questions about the services provided by Dutch notaries when buying a house, dealing with an estate and regulating family law matters.
In the event of a dispute between a notary and client, the KNB will provide mediation services. If a resolution can still not be reached, the client can take the complaint to a disciplinary board or the Dutch Foundation for Consumer Complaints Boards.
DUTCH JUDICIARY
De Rechtspraak is the Dutch Judiciary, made up of 11 District Courts, 4 Appeals Courts (Amsterdam, The Hague, Arnhem and Den Bosch) and the Supreme Court (Hoge Raad). The Netherlands Commercial Court (NCC) was introduced in 2019. Based in Amsterdam, it handles matters with an international scope. Trials are carried out in English but Dutch law is applied.
De Rechtspraak cannot answer questions about specific legal cases, but their website offers a breadth of information and answers to frequently asked questions. They can be contacted by phone (088 361 6161) Monday to Friday from 08:00-20:00.
Openbaar Ministerie is the Dutch Public Prosecutor’s Office. It is also part of the judiciary system in the Netherlands. It is only involved with criminal law (not civil). Its responsibilities include supervising police investigations in criminal cases, prosecuting criminal offenses and bringing suspected offenders before the courts and dealing with criminal offenses outside the court system.
LEGAL ADVICE ORGANIZATIONS
Het Juridisch Loket is an initiative of the Dutch government (Ministry of Justice & Security). It provides free legal advice on a range of topics including living and neighbors, work and income, family and relationships, police and justice, purchases and warranty, and debts and collection.
There are 30 Het Juridisch Loket office locations around the Netherlands including Amsterdam, Rotterdam, The Hague, Utrecht, Breda, Eindhoven, Groningen, Leiden, Maastricht and Tilburg. They can be contacted by e-mail, phone (0900-8020) or in person at their walk-up counters.
Raad voor Rechtsbijstand is the Dutch Legal Aid Board, an independent agency within the Ministry of Justice & Security. It is responsible for ensuring all residents of the Netherlands needing legal advice and representation are provided with it if their income doesn’t allow for it. Approximately 38% of residents are eligible for some form of legal aid. Information about the agency and the various ways it offers assistance is available here in English.
Rechtwijzer is an online tool created by the Raad voor Rechtbijstand which provides a starting point for people in the Netherlands needing guidance on legal matters across a range of topics including divorce, consumer rights, rental agreements, employment and debt collection.
LEGAL SERVICES & INSURANCE
Legal fees can accrue quickly when an unexpected situation arises that requires advice and/or representation by a Dutch lawyer (advocate) or notary (notaris). As a result, legal insurance (rechtsbijstandverzekering) has become popular in Netherlands.
Legal fees insurance provides the insured party with free or reduced cost legal services, usually from a pool of registered lawyers and notaries. Several insurers in Netherlands offer this type of coverage including…
Related information…