KS DH Juris key terms

The ranked set of authorities from which legal rules derive: treaties, the Constitution, statutes, decrees, ministerial regulations, case law and unwritten customary law. Hierarchy determines which rule prevails when two conflict.

The constitutional requirement that administrative action interfering with citizens' rights must have a statutory basis, and that criminal offences and penalties exist only by law. It anchors both administrative and criminal law.

Judicial decisions that bind lower courts in practice through consistent interpretation, especially landmark rulings of the Supreme Court (Hoge Raad) and the Administrative Jurisdiction Division of the Council of State. Not formally a source, but decisive in practice.

A method of construing national law so that it conforms to higher-ranking norms such as treaties or EU directives whenever the wording permits. Courts prefer this over declaring a national rule inapplicable.

The capacity of a treaty provision or EU rule to be invoked directly before a national court because it is sufficiently clear, precise and unconditional. It allows individuals to rely on international norms against the state or private parties.

A request by a national court to the Court of Justice of the European Union for an authoritative interpretation of EU law needed to decide a pending case. Lower courts may refer; courts of last instance generally must.

The binding answer the Court of Justice of the European Union gives to a referring national court on the interpretation or validity of EU law. The referring court must apply it when resolving the dispute.

The principle that EU law prevails over conflicting national law, including later statutes and constitutional provisions in most respects. National courts must set aside incompatible national rules without waiting for legislative amendment.

The latitude the European Court of Human Rights leaves to member states in interpreting and applying Convention rights, recognising national differences in policy and moral judgment. It is wider for qualified rights than for absolute ones.

A duty of the state not merely to refrain from interfering with a right but to take active measures to protect it, such as enacting criminal provisions or investigating violations. It derives from the effective-protection reading of fundamental rights.

The test asking whether a measure pursuing a legitimate aim is suitable, necessary and not excessively burdensome for those affected. Courts use it to review administrative decisions and restrictions of fundamental rights.

The room an administrative body has to assess facts or choose between policy options within statutory limits. Courts review whether the body stayed within those limits and did not act arbitrarily, not whether they would decide the same.

The requirement that an administrative decision state the legal basis and the factual reasoning behind it, so the affected person can understand and challenge it. Deficiencies can lead to annulment by the administrative court.

A mandatory pre-litigation objection filed with the administrative body that issued a decision, asking it to reconsider. Only after this internal review, or if it is deemed rejected, can the matter go to the administrative court.

Court scrutiny of the lawfulness of administrative decisions, typically limited to legality, proper reasoning and reasonableness rather than a fresh policy assessment. Grounds include lack of competence, procedural defects and misuse of power.

The rule that no conduct is punishable and no penalty imposed except under a pre-existing written statutory provision. It forbids analogy to the accused's detriment and requires clear, foreseeable definitions of offences.

The mental element in which the perpetrator consciously and willingly directs conduct toward the prohibited result or risk. It may be direct, indirect, or conditional, the last covering awareness of a real chance and acceptance of it.

A culpable failure to exercise the care a reasonable person would observe in the circumstances, where the actor could and should have foreseen the risk. It is the lower fault standard and must be expressly provided for an offence.

The link between conduct and prohibited result, assessed by asking whether the result would have occurred without the act and whether it can fairly be attributed to the actor. Intervening causes may break the chain.

Punishable conduct that has begun to commit an offence but fails to complete it, provided the intent covered the full offence and the acts are more than mere preparation. Sanctions are reduced compared with the completed offence.

The right and duty of a lawyer to refuse to disclose confidential client information, including in testimony and document production. It protects the trust essential to legal advice and is limited to the professional relationship.

A situation where a lawyer's own interests, or those of another client, risk impairing loyal and independent representation. The lawyer must decline the mandate, obtain informed consent where permitted, or withdraw.

The lawyer's duty to keep client information secret during and after the engagement, disclosing only with consent or where the law requires. It underpins privilege and the client's willingness to speak candidly.

The obligation of a professional to act with the diligence, competence and attention a reasonably skilled practitioner would show, and to inform the client of risks and options. Breach can found liability in contract or tort.

Liability for an unlawful act or omission that causes damage to another, where fault or a breach of a duty can be attributed to the actor. It may also arise from unsafe situations the actor was required to control.

The standard requiring parties to behave reasonably and fairly toward each other, supplementing or restricting their agreement. It can override harsh contractual terms and imposes duties of information and cooperation.

A failure to perform that cannot be attributed to the debtor because the impediment was unforeseeable and unavoidable. It suspends or extinguishes the obligation and may relieve liability, depending on the agreement and the source of the duty.

Compensation for losses caused by a breach of contract, covering both the loss suffered and the profit lost, but limited by foreseeability and the duty to mitigate. The aim is to place the creditor in the position performance would have produced.

The ability to perform valid legal acts on one's own behalf, such as concluding contracts or making a will. Minors and persons under guardianship are restricted, and acts performed without required consent may be voidable.

A court-ordered regime placing an adult who cannot manage their own affairs under a representative's supervision, with tailored restrictions on legal capacity. It differs from parental authority over minors and can be limited to financial or personal matters.

The portion of a deceased person's estate that certain close relatives, typically children, can claim regardless of the will. The heir must actively assert it within a short period, and it is calculated on the estate's value.

The default distribution of an estate when the deceased left no valid will or the will does not cover everything. Statutory order ranks spouse, children and further relatives, with rules on representation and the surviving spouse's share.

The duty of a party to persuade the court of the facts on which its claim or defence depends. It generally rests on the party asserting the fact, though statutory presumptions and fairness can shift it.

The principle that the judge weighs the probative value of evidence freely, subject to statutory rules on admissibility and the requirement to give reasons. Certain documents, such as authentic deeds, carry prescribed evidential force.

The finality of a judgment that can no longer be appealed, barring a new action between the same parties on the same claim. It protects legal certainty and the authority of court decisions.

The coercive execution of a judgment or other enforceable title, usually through a bailiff who may seize assets or wages. It requires a writ of execution and respects protected minimum income and third-party rights.

A limited right granting a creditor priority over pledged movable property or claims if the debtor defaults. It requires a valid title and delivery or registration, and the pledgee must account for any surplus on sale.

A court-declared state in which a debtor with multiple creditors has ceased paying debts, triggering collective attachment of assets. A trustee liquidates the estate and distributes proceeds according to statutory ranking, while the debtor loses control.

Personal responsibility of a company's managing director for improper management, manifest negligence, or failure to file accounts or pay taxes. It can be triggered by the trustee in insolvency or by the tax authority.

An exceptional judicial remedy holding shareholders or directors personally liable for company debts where the legal personality has been abused to evade obligations or cause harm. Courts apply it restrictively and require special circumstances.

A written agreement between employers or their associations and trade unions setting terms and conditions of employment. Its provisions can extend to non-members in the sector and override individual contracts where more favourable rules apply.

The element distinguishing an employment contract from a service contract: the employer's authority to direct how, when and where work is done. Its presence triggers protective labour law and social insurance obligations.

Termination of employment by the employer, valid only with a statutory ground, a proper route such as a permit or court dissolution, and correct notice. Unfair dismissal may entitle the employee to compensation or reinstatement.

The amount or quantity on which a tax is calculated, such as profit, income or turnover. Defining it precisely is essential because deductions, exemptions and rates apply to this figure.

A facility allowing affiliated companies to be taxed as one entity for certain taxes, offsetting profits and losses within the group. It requires majority ownership and may be elective or automatic depending on the tax.

The principle that tax consequences follow the economic reality of a transaction rather than its legal label. It underpins anti-avoidance doctrines and allows authorities to recharacterise arrangements lacking genuine substance.