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Netherlands municipal legislation involving questions of public international law, 1995*

Published online by Cambridge University Press:  07 July 2009

L.A.N.M. Barnhoorn
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Netherlands Yearbook of International Law , Volume 27 , December 1996 , pp. 297 - 309
Copyright
Copyright © T.M.C. Asser Press 1996

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References

1. Stb. 1993 No. 72.

2. This has occurred by means of the Royal Decree of 20 June 1995 which extended the Decree to a still to be determined point in time in expectation of the progress report by the Government of the Netherlands Antilles (Stb. 1995 No. 330).

3. Inserted by the Kingdom Act of 22 July 1985, 27 NYIL (1986) p. 237.

4. The Modification Act entered into force on 5 May 1995 (Stb. 1995 No. 232). The modified text of the Statute has been published in full in Stb. 1995 No. 233.

5. 10 NYIL (1979) pp. 431–433.

6. Cf., Verboom, J.J., ‘Wet arbeid vreemdelingen: de deur gaat verder dicht’ [Act on the Employment of aliens: closing the door tighter], Migrantenrecht (1995) pp. 167–172, at p. 167.Google Scholar

7. Under the old Act the alien could also request a permit: Art. 5(1).

8. This competence has been delegated to the Central Authority for Employment Policy by means of the Ministerial Order of 17 August 1995 on the Act on the employment of foreign workers Delegation and Implementing Order, Stc. (31 August 1995) No. 168, p. 8.

9. Art. 2 of the old Act. Art. 3(2) of the new Act prescribes that the Minister shall announce these international legal provisions in the Staatscourant (the Official Gazette). The Minister has implemented this obligation by means of an Appendix to the Order mentioned in n. 4 supra, see Stc. (31 August 1995) No. 168, p. 11.

10. Cf., Arts. 2 and 3 of the old Act.

11. This has been done by means of a Royal Decree of 23 August 1995 to implement the Act on the employment of foreign workers (Stb. 1995 No. 406). This Decree, amongst other things, adds two categories to Art. 4 of the Act and also to the earlier Decree under the old Act of 1989 (cf., 21 NYIL (1990) pp. 354–355), namely aliens with a provisional residence permit in the third year and aliens who have worked for seven years on a Dutch sea-going vessel or the Dutch continental shelf (Art. 2). In Art. 1 of this Decree there are, furthermore, a number of activities which are exempt from this permit requirement. A restriction is here discernible with respect to the situation under the old Act, according to Verboom, loc. cit. n. 2, p. 169.

12. These are primarily officials from the Ministry of Social Affairs' Inspection Department. By an Order of 15 August 1995 police officers are also designated as competent officials, Stc. (23 August 1995) No. 162, p. 4.

13. Cf., 26 NYIL (1995) pp. 315–316.

14. Stb. 1995 No. 405 together with the Decree and Orders referred to in nn. 8, 11 and 12 supra.

15. By Art. 70C of the Act of 10 September 1986 concerning the take-over of foreign judicial decisions in criminal matters, and the transfer of execution of Dutch judicial decisions in criminal matters, see 18 NYIL (1987) p. 346. The Act entered into force on 1 January 1988, see Stb. 1987 No. 448. See also 24 NYIL (1993) p. 329.

16. With the term ‘Dutch persons’ is here meant nationals of the Kingdom of the Netherlands, which implies nationals of the Netherlands, the Netherlands Antilles and Aruba.

17. For the explanatory Memorandum see 27 NYIL (1996) pp. 236–244.

18. This is a misprint. The European Convention was in feet signed on 4 November 1950.

19. By a Royal Decree of 10 July 1995 a new Art. 51a has been added to the Aliens Decree. In that article the following have been indicated as safe third countries wihin the meaning of Art. 15(5)(b) of the Aliens Act: Poland, the Czech Republic and Switzerland. A comprehensive affiliation with the German list has thus been sought, albeit that it is stated in the Explanatory Memorandum thereto that the situations in these countries, when considered in the light of day, have been looked upon autonomously and independently of the German evaluation criteria. The Decree entered into effect on 26 July 1995 (Stb. 1995 No. 356).

20. Stb. 1995 No. 44.

21. The Act also implements the Directives of the Council of the European Union of 23 November 1993 concerning certain aspects of the organization of working time (OJ (1993) No. L 307) and 22 June 1994 on the protection of young people at work (OJ (1994) No. L 216).

22. The Act will enter into force on a date to be determined by Royal Decree.

23. The Decree entered into effect on 22 February 1995.

24. The Explanatory Memorandum thereto states that in so far as the common border with Germany is concerned, in this case relevant provisions had already been included in the 1980 Agreement concerning the preservation and the delineation of the common border (Trb. 1981 No. 8) and the Frontier Territory of 1960 (Trb. 1960 No. 68). As far as Belgium is concerned, the Regulation for the maintenance and the preservation of border markings placed on the frontier between the Netherlands and Belgium of 1847 (Stb. 1849 No. 61) was referred to.

25. The Explanatory Memorandum names, as examples of frontier agreements concerning border readjustments with Germany, the Treaties of 1980 (Trb. 1981 No. 9) and 1992 (Trb. 1993 No. 34).

26. This remaining sea area, according to the Explanatory Memorandum, consists of the possibly still to be established contiguous zones and the exclusive economic zones as well as the already established fishery zone to a maximum breadth of 200 nautical miles (see 25 NYIL (1994) pp. 502–503). Where the zones overlap each other, delineation agreements have been made (reference is here made to Note Verbale No. 9085 of 22 September 1993 to the UN).

27. The Decree will be replaced by a Kingdom Act in due time.

28. The so-called Marpol Convention, Trb. 1975 No. 147. The amended Annex III was accepted by the Netherlands on 19 April 1988 (Trb. 1988 No. 124). Annex III entered into force on 1 July 1992 (Trb. 1994 No. 162).

29. See 15 NYIL (1984) pp. 419–420.

30. For an earlier amendment to Art. 5(2) see 23 NYIL (1992) pp. 429–430.

31. Res. MEPC.42(30), Trb. 1992 No. 29.

32. Res. MEPC.48(31), Trb. 1993 No. 53.

33. The amendments entered into force on 17 March 1992 and 4 April 1993, respectively.

34. The Protocol has been ratified by the Kingdom Act of 30 March 1995, Stb. 1995 No. 194 and has been published in Trb. 1988 No. 88.

35. Stb. 1995 No. 373 on the same say as the entry into force for the Netherlands of the Protocol, Trb. 1995 No. 230. For the implementation of the 1971 Convention see 4 NYIL (1973) pp. 437–440.

36. 26 NYIL (1995) p. 322.

37. Stc. (28 October 1994) No. 208, p. 22. The Ministerial Order had already repealed the Haïti Payments and Financial Services Sanctions Order of 1994, also with retroactive effect as from 16 October 1994. In the Explanatory Momorandum to the Order mention was still made of the fact that the Order was also based on Regulation 2543/94 (19 October 1994) of the Council of the European Union (OJ (1994) No. L 271/1), whereby Regulation (EC) No. 1263/94 was repealed. Regulation 2543/94 elaborated upon the Council Decision of 14 October 1994 concerning the common position on the matter defined on the basis of Art. J.2 of the Treaty of the European Union (OJ (1994) No. L 271/3). By means of the application of the same international decisions the Haiti Non-financial Services Sanctions Order of 3 June 1994 was withdrawn, with retroactive effect as from 16 October 1994, by the Ministerial Order of 31 October 1994 (Stc. (26 November 1994) No. 221, p. 13).

38. The Decree entered into force on 12 June 1995.

39. OJ (1994) No. L 266/1; Stc. (16 November 1994) No. 221, p. 12. The authority therefor was laid down in Art. 1 of the Decision of the same date concerning the common position on the matter defined on the basis of Article J.2 of the Treaty of the European Union. The Decision has been published in OJ (1994) No. L 266/11.

40. Stc. (16 November 1994) No. 221, p. 12.

41. For earlier measures taken against Bosnian Serbs see 26 NYIL (1995) p. 321.