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The report on the Toeslagenaffaire (Dutch Childcare Benefits Affair), 'Unprecedented injustice', still resonates. Below you can read some contributions from ACLPA employees to the discussion about the affair.

ACLPA in podcast Amsterdam Law Hub

In the new podcast series by the Amsterdam Law Hub, Rachel Rietveld, Rolf Ortlep and Iris van Domselaar speak about the Benefits Affair.

They approach this theme from different disciplines: from the role of technology in the affair to that of courts, the legal professional ethics involved, and how we as a law faculty should respond.

See more information on the Amsterdam Law Hub website

Listen to the podcast here

Contribution by Iris van Domselaar in de Volkskrant

An article was published in de Volkskrant at the beginning of October with a contribution by Iris van Domselaar about, among other things, the judge as a citizen friend.

"[The report, ed.] shows in detail how the law in a liberal legal order can be a loaded gun to the heads of innocent citizens and what diabolical dilemmas judges face."

See in this regard her earlier article in the Netherlands Journal of Legal Philosophy, 'Moral Quality in Adjudication: On Judicial Virtues and Civic Friendship'.

Article by Jacobine van den Brink & Rolf Ortlep in NJB

Instead of judging each other afterwards as a result of the Childcare Benefits Affair, it is wiser to spend the energy of the legislator, the board, the judge and science on how things can be improved.

In this article, Jacobine van den Brink and Rolf Ortlep substantiate that the Administrative Jurisdiction Division could opt for the strict interpretation of the childcare allowance legislation, although that was not a happy choice given the current knowledge. The second part of the contribution reflects on the relationship between legislation and administrative law, and what role science could play in this.

Read the article by Jacobine van den Brink & Rolf Ortlep in NJB

#Bestuursrechtbeter (#AdminstrativeLawBetter)

Under the motto #Bestuursrechtbeter, a group of legal practitioners and scientists is working to exchange ideas with the goal of actually initiating a change in administrative law. The immediate reason is the Childcare Benefits Affair, 'which teaches that administrative law can and must be improved'.

The group works from the Association for Administrative Law. Reinier van Zutphen (National Ombudsman), professors Leo Damen, Rianne Jacobs, Rolf Ortlep and Bert Marseille, lecturer/researcher Marlies van Eck, PhD candidate Joyce Esser and Fatma Capkurt, specialist editor Koenraad Rens, director Hanneke Schipper (BZK) and senior lecturer Michiel Tjepkema are involved in the initiative.

According to the initiators, the ideas concern proposals such as:

  • Building a website to help citizens who come into contact with administrative law,
  • Sharing knowledge (such as best practices in implementation),
  • Educational innovation (so that there is a better connection with how administrative law works in practice)
  • and scientific deepening (rethinking the principle of equality and paying attention to the object and method of administrative law.

On his website, Mr. Bert Marseilleier, professor of Public Administration in Groningen (in particular the empirical study of administrative law) explains the aims of #Bestuursrechtbeter.

Watch the interview with Bert Marseilleier

Download the projects that Administrative Law Better gets started (Word)

Rolf Ortlep's blog in NJB

A blog by Rolf Ortlep recently appeared in the NJB, entitled 'Childcare allowance affair: also a mirror for the law faculties'.

In this article, he argues that the training of students (and PhD students) also deserves more attention and appreciation in response to the Allowances Affair: 

'The childcare allowance affair forces self-reflection; not only on the role of the state powers and their relationship with each other, but also on the role of the law faculties (and legal scientists). After all, it is mainly there where people (students) are trained to apply the law.'

Download Rolf Ortlep's full contribution in NJB (PDF)

Prof. I. (Iris) van Domselaar

Faculty of Law

Dep. Jurisprudence

Mr. R.D. (Rachel) Rietveld

Faculty of Law

Information Law

R. (Rolf) Ortlep

Faculty of Law

Constitutional and Administrative Law

Prof. mr. J.E. (Jacobine) van den Brink

Faculty of Law

Constitutional and Administrative Law