Het rechterlijk bevel en verbod als remedie

Abstract

This dissertation discusses the injunction and whether there is a claim for a preventive remedy⁠. It explains how the injunction is regulated in Dutch law, when it can be pronounced and what the grounds for refusal are⁠.

Using supranational law, the requirements that a remedy must meet to be effective are examined⁠. It concludes that a remedy is effective if it can enforce substantive rights, can be deployed in a timely manner, has a deterrent function and is proportionate⁠.

Three themes are then used to examine whether the national regime is in line with those requirements⁠. In that regard, the role and freedom of the courts, the situation where performance has become impossible, and collective actions against the government are examined⁠.

The conclusion is that the national regulation is adequate⁠.