Archive for the ‘Uncategorized’ Category

Dutch Safety Board presents report on MH-17

The Dutch Safety Board prestented her report on MH-17.

In their press release they state:

“The crash of flight MH17 on 17 July 2014 was caused by the detonation of a 9N314M-type warhead launched from the eastern part of Ukraine using a Buk missile system. So says the investigation report published by the Dutch Safety Board today. Moreover, it is clear that Ukraine already had sufficient reason to close the airspace over the eastern part of Ukraine as a precaution before 17 July 2014. None of the parties involved recognised the risk posed to overflying civil aircraft by the armed conflict in the eastern part of Ukraine.”

See pressrelease-mh17-en

The full report can be found here: Website onderzoeksraad.nl

Merry Christmas & Happy New Year

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New Dutch International Private Law (general principles)

If a client in a cross border case decides to issue proceedings in the Netherlands it is important to know which private international rules a Dutch court will apply. After all these rules determine which country’s law should apply.

The new Book 10 of the Dutch Civil Code  includes a number of general principles (Articles 1-5), and articles that can correct the initial referral result (Articles 6-9). Articles 10-14 contain a number of important legal concepts such as choice of law and form of legal acts. Finally, there are some provisions relating to the nationality of a person and the personal status of a refugee (Articles 15-17).

All these rules are common rules which Dutch courts already applied but which are now codified.

Article 1: Priority of regulations of international and community law
For example, in article 1 priority of regulations of international and community law over national rules is included. Although this seems unnecessary, the minister of Justice was of the opinion that it was desirable to codify this principle. It would be useful for lawyers and would provide clarification. Furthermore it is also included in many foreign codifications of private international law.

Article 2: Application ex officio
Article 2 provides that rules of private international law and the law designated by rules should automatically apply. The court may, and thus need not wait until one of the parties invokes applicability of foreign law.
In case a judge considers application of another law, while parties have not indicated possible application of this law during court proceedings, he is obliged to give parties the opportunity to comment thereon.
Article 3: Procedural rules
As indicated Book 10 contains no rules of a procedural nature. Article 3 only provides that Dutch law shall apply to the rules of procedure of legal proceedings before Dutch courts.
Article 5: No renvoi
Renvoi is, briefly stated, the practice in which private international law of the forum that was chosen according to the international private law rules of the other country also applies. This could lead to the result that according to the private international law of the chosen forum the law of another country applies. Under Dutch law there is no place for renvoi.
Article 5 therefore states that the application of the law of a State means the application of the rules of law in that State, with the exception of its private international law.

Article 8: General exception
In article 8 a general exception is included. It offers a correction for cases in which application of a rule of conflict is based on a presumed connection which is only limited and where there is a closer relationship another law.
This involves a situation where, given all the circumstances of the case, apparently the presumed close relationship ‘exists only in a very small extent “and” in which another country has a much closer connection.
The law designated by the conflict rule remains inapplicable and instead, the law with which the much closer connection can be used. This article should be applied by the court ex officio. Of course sufficient facts must be stated by parties that lead to application of the exception clause. If the court is considering the use of this clause, and it has not been mentioned during proceedings, parties must be given the opportunity to give their opinion.
The provision only applies to statutory rules and can not set aside regulations of international and community law.

Article 10: Choice of Law
Article 10 provides that where a choice is allowed, this must be made explicitly or otherwise be sufficiently clear.
This rule was developed in international contract law and is for example enshrined in article 3 Rome Convention and Article 3 Rome I. The idea is that parties engaging in international agreements have the freedom
to choose which law they want to apply. In other treaties, such as Rome II (Article 4), the possibility of choice is
also included. It is therefore codification of existing law.

Article 14: Limitation and lapse of claims
Article 14 provides that whether a legal claim has prescribed or lapsed shall be determined pursuant the law applicable to the legal relationship giving rise to such a right or legal claim. This is in accordance with Dutch case law and with prevailing doctrine. (Dutch Supreme Court of 27 May 1983, NJ 1983, 561).

Rights of patients in Cross border health care rights of patients set out in EU directive 2011/24

The directive has to be implemented in the laws of EU states by 25 October 2013. This website contains information on this new directive.

Fundamental rights in Europe. Information on new website of EC justice

All information regarding fundamental rights in the EU can be found on this revamped website of EC Justice.

New: WHO European report on preventing elder maltreatment.

This report highlights the biological, social, cultural, economic and environmental factors that influence the risk of being a victim or perpetrator of elder maltreatment, as well as the protective factors that can help prevent it. There is some evidence of effective interventions, including psychological programmes for perpetrators and programmes designed to change attitudes towards older people, improve the mental health of caregivers and, in earlier life, to promote nurturing relationships and learn social skills. (text from WHO website)

Connection between healthy ageing and neurodegenerative disorders

An international team of researchers partially funded by the EU has uncovered new information linking healthy ageing and neurodegenerative disorders including Alzheimer’s disease.

Council conclusions on innovation in medical device sector in Europe

Here is a link to the European Commission’s webpage which contains all relevant information on medical devices and the latest Council conclusion on innovation in the medical device sector.

Hospital emergency response checklist published by WHO

Hospitals help to provide communities with essential medical care, particularly in crises or disasters. To promote and give technical support to emergency preparedness for hospitals, WHO/Europe has published a “Hospital emergency response checklist”.

The tool can help hospital administrators and emergency managers to respond effectively to the most likely disaster and crisis scenarios. It comprises principles and current best practices for hospital-based emergency management, and brings together the priority actions required for rapid, effective response to a critical event, based on an all-hazards approach, which covers a large range of possible effects of risks and emergencies.

The checklist covers key components, each with a list of priority actions to support hospital managers and emergency planners in achieving:

– continuity of essential services;
– well-coordinated implementation of hospital operations at every level;
– clear and accurate internal and external communication;
– swift adaptation to increased demands;
– effective use of scarce resources;
– and a safe environment for health care workers

The checklist should complement existing multisectoral plans for hospital emergency management and augment standard operating procedures. It is also intended to be used for training and capacity building.

source: WHO/Europe

WHO global plan on road safety 2011-2020

The UN Road Safety Collaboration has developed a Global Plan for the Decade of Action for Road Safety 2011-2020. The Plan provides an overall framework for activities which may take place in the context of the Decade.
The categories of activities are:
1. building road safety management capacity;
2. improving the safety of road infrastructure and broader transport networks;
3. further developing the safety of vehicles;
5. enhancing the behaviour of road users; and
6. improving post-crash care.
Indicators have been developed to measure progress in each of these areas. Governments, international agencies, civil society organizations, the private sector and other stakeholders are invited to make use of the Plan as a guiding document for the events and activities they will support as part of the Decade.