bekertoordelen

Bekertoordelen is a Dutch term that translates to "cup judgments" or "precedent judgments" in English. It refers to a legal principle where courts consider and are bound by previous decisions made by higher courts in similar cases. This principle is a cornerstone of common law legal systems and promotes consistency and predictability in the application of law.

In the Dutch legal system, which is primarily a civil law system, the strict doctrine of stare decisis (to stand by things decided) as found in common law is not fully applicable. However, bekertoordelen plays a significant role in practice. While lower courts are not absolutely compelled to follow decisions of higher courts, they generally do so to avoid appeals and maintain judicial consistency. These prior rulings from higher courts, such as the Hoge Raad (Supreme Court), serve as persuasive authority and are highly influential.

The concept of bekertoordelen ensures that similar cases are treated similarly, fostering fairness and legal certainty for citizens and legal professionals. It allows for the gradual development and interpretation of laws over time, as courts build upon existing jurisprudence. Lawyers often cite previous judgments in their arguments to support their positions, and judges refer to them when explaining their reasoning. This mechanism contributes to the stability and reliability of the legal framework.