Second World War Supreme Court of the Netherlands

lodewijk ernst visser, president of dutch supreme court 1939-1941

during german occupation, supreme court kept functioning. in november 1940 german occupiers forced president, lodewijk ernst visser, resign because jewish. visser s colleagues did not protest. members remained signed compulsory declaration aryans.

after liberation, people reproached court weak , legalistic attitude. court wished above guarantee continuity of jurisdiction , not become involved in politics. such chances there take stand on principle against germans largely missed. justices either omitted give moral example or felt not in position so. demonstrated in so-called test sentence , (supreme court, 12 january 1942, nj 1942/271), in supreme court ruled dutch judge not contest decrees of occupying force on basis of international law, in particular 1907 regulation prescribed country @ war. in supreme court followed advice of barrister-general a. rombach. judgment concerned case in man sentenced economic judge economic offence (the purchase of pork without valid coupons). counsel accused, p. groeneboom, argued in defense before supreme court on 27 october 1941 judge had authority challenge regulations of occupying force on basis of regulation prescribed country @ war, decree of führer , first regulation of government commissioner. when supreme court (in judgment of 12 january 1942) denied possibility of contesting rules issued german government, netherlands followed rule in germany , italy too. on basis of 2 emergency measures hitler had authority issue incontestable rules, , legal establishment acknowledged not not allowed challenge political measures. political in case political authorities considered political. in italy court of appeal recognized free authority of mussolini , judge s lack of authority control it. meihuizen says dutch test sentence: sentence far-reaching consequences because this, barristers not given chance bring before judge question of validity of legislation had been issued or on behalf of occupier. supreme court defended sentence in retrospect conjecture germans never accept decrees being contested , might have intervened in negative way legal establishment, resulting in further diminishing of citizens legal protection.

in 1943 seat of supreme court temporarily moved hague nijmegen. liberation of nijmegen in september 1944, led situation in which, although seat on liberated ground, of justices found still in occupied territory. after war, there not done clear matters; lawyers had collaborated germans kept jobs or got important other positions. crucial role in affair played j. donner, became president of supreme court in 1946.