How to file a complaint about a Dutch court

If a court, a judge or a member of court staff has not treated you properly, you can file a complaint with the board of that court. You have up to one year after the incident to do so. The key exception: a complaint can never be used to challenge the decision in your case itself.

That limitation decides most complaints before they start. Disagreement with a ruling, with how the evidence was weighed or with the outcome of a case is dealt with by appeal, not by complaint. The complaints procedure covers conduct: the way you were treated, how the court communicated with you, delay in handling your case, or administrative failures.

Who can you complain to about a Dutch court?

You complain to the board of the court where the incident took place. Each court has its own complaints procedure, which sets out how complaints are received, investigated and decided.

This applies to district courts (rechtbanken) and courts of appeal (gerechtshoven) alike. Many courts offer a digital complaint form on their page on rechtspraak.nl, but a letter to the board works as well.

What can and cannot be the subject of a complaint?

You can complain about how a judge or staff member behaved towards you. You cannot complain about the content of a judicial decision.

Examples of conduct that can be the subject of a complaint:

• rude or insulting remarks or gestures during a hearing;
• a failure to reply to letters or to keep you informed;
• unreasonable delay in the handling of your case;
• administrative errors, such as documents that were lost or sent to the wrong person.

Matters that fall outside the procedure include who was given the floor at the hearing and for how long, the course of the proceedings, the content of the official record of the hearing and the reasoning of the judgment. Those are part of the judicial decision-making, and the route against them is an appeal.

What should you put in the complaint?

Address the complaint to the board of the court concerned and keep it factual. A clear complaint is easier to investigate and harder to set aside.

Include at least:

• your name and address, and the case number if there is one;
• a description of what happened, when it happened and who was involved;
• why you consider the treatment incorrect;
• what you are asking for, for example an apology or an explanation.

Attach any documents that support your account. If your complaint really is about conduct, keep your views on the substance of the decision out of it. A complaint that mixes conduct with dissatisfaction about the ruling will not be dealt with on the parts about the ruling, and the point you actually want answered can get lost.

How is the complaint handled?

The court acknowledges receipt and investigates the complaint. The board then decides in writing whether the complaint is well founded.

Depending on the procedure and the nature of the complaint, you may be invited to explain your complaint in person. The judge or staff member you complained about is given an opportunity to respond. The board gives reasons for its decision.

What can a complaint achieve?

The outcome is a finding on the conduct, not compensation and not a change to any judgment. A judgment stays as it is, however the complaint is decided.

Where a complaint is upheld, it can lead to measures within the court and to changes in working practice. For many complainants, an acknowledgement that something went wrong is the main result.

What if you are not satisfied with the outcome?

If your complaint concerns the conduct of a judge and you are not satisfied with how the court handled it, you can turn to the Procurator General at the Supreme Court (procureur-generaal bij de Hoge Raad). This route is set out in articles 13a and following of the Judiciary Organisation Act (Wet op de rechterlijke organisatie).

Two conditions matter in practice. You must first have complained to the court where the judge works, and the conduct must have taken place within the past year. The Procurator General cannot change a judgment or award compensation. He can ask the Supreme Court to give its opinion on whether the judge’s conduct was appropriate.

Separately, the Procurator General can ask the Supreme Court to impose a disciplinary measure on a judge, under the Judicial Officers (Legal Status) Act (Wet rechtspositie rechterlijke ambtenaren). That is an exceptional route, reserved for serious misconduct such as neglecting the dignity of the office, rather than dissatisfaction with how a case went.

How do you remove a judge from your case?

A complaint is not the way to remove a judge from your case. If there are facts or circumstances that could affect the judge’s impartiality, the remedy is a challenge (wraking).

In civil cases, article 37 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering) requires the challenge to be made as soon as those facts or circumstances become known to you. It is made in writing with reasons, or orally once the hearing has started, and the proceedings are suspended while it is dealt with. The challenge is decided by a separate panel of judges, not by the board of the court. If you wait, you may lose the right to challenge on those grounds.

Which route fits your situation?

If something has gone wrong in the handling of your case, the first question is which route fits. Choosing wrongly usually means losing the opportunity to use the right one in time.

• Appeal if you disagree with the decision itself.
• Challenge (wraking) if you doubt the impartiality of the judge while the case is still running.
• Complaint if you were treated incorrectly by the court, a judge or staff.

Keep in mind that appeal deadlines continue to run while a complaint is being handled. Filing a complaint is no substitute for lodging an appeal.

In summary

• You can complain to the board of the court about how you were treated, up to one year after the incident.
• A complaint cannot change a judgment; disagreement with the decision requires an appeal.
• The board investigates, hears both sides where appropriate and gives a reasoned written decision.
• If you are not satisfied with how a complaint about a judge was handled, you can turn to the Procurator General at the Supreme Court.
• Doubts about a judge’s impartiality call for a challenge (wraking), made as soon as the grounds become known.

Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.

How Law & More can help you with this is explained on our civil lawyer page.