prejudikatverkan

Prejudikatverkan is the influence that a court decision exerts as precedent on future rulings and, in some contexts, on administrative practice. It describes how a particular judgment helps interpret and apply the law in similar cases, contributing to consistency and predictability in judicial decision-making.

In civil-law systems such as the Netherlands, the reasoning and outcomes of important judgments, especially from the supreme or highest courts, create binding or persuasive guidance for lower courts. Decisions of the Hoge Raad (the Dutch Supreme Court) are generally binding in the sense that lower courts must follow the established interpretation of legal provisions in similar fact patterns. The Court of Appeal and district courts rely on these precedents to ensure uniform application of the law, though they may distinguish a case on its unique facts. Not all court decisions carry the same weight, and lower court rulings are typically persuasive unless they reflect a widely accepted interpretation established by higher courts.

The European dimension adds another layer: judgments of the European Court of Justice bind national courts on matters of European Union law, requiring national courts to apply EU interpretations and, where applicable, refer questions to the ECJ for preliminary rulings.

Precedent can be limited or overturned over time. Prejudikatverkan allows the law to develop without constant legislative change, but overrulement by a higher court, a later decision with different reasoning, or new statutes can modify or clarify earlier interpretations. In practice, prejudikatverkan enhances legal certainty while permitting evolution of legal norms through judicial reasoning.