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Netherlands state practice for the parliamentary year 1990–1991

Published online by Cambridge University Press:  07 July 2009

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Copyright © T.M.C. Asser Press 1992

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References

1. Bijl. Hand. II 1990/91 — 22229 No. 1.

2. Bijl. Hand, II 1990/91 — 20361 No. 49.

3. Bijl. Hand. II 1990/91 — 22052 No. 1 pp. 3–15.

4. Art. 23 reads in full:

‘1. Education shall be the constant concern of the Government.

2. All persons shall be free to provide education, without prejudice to the authorities’ right of supervision and, with regard to forms of education designated by law, its right to examine the competence and moral integrity of teachers, to be regulated by Act of Parliament.

3. Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone's religion or belief.

4. The authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality. Deviations from this provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to receive the said form of education.

5. The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief.

6. The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fit.

7. Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by Act of Parliament.

8. The Government shall submit annual reports on the state of education to the States General.’

5. Art. 128 reads: ‘The Council shall, acting on a proposal from the Commission and after consulting the Economic and Social Committee, lay down general principles for implementing a common vocational training policy capable of contributing to the harmonious development both of the national economies and of the common market.’

6. Bijl. Hand. II 1990/91 — 21087/21952 No. 4.

7. See Bijl. Hand. II 1982/83 — 16947 (R 1181) No. 7 p. 3.

8. Policies on immigration and the social integration of migrants in the European Community, Experts' Report drawn up on behalf of the Commission of the European Community, Brussels, 4 September 1990, paras. 80–84.

9. See for example, the Report mentioned in the previous note under para. 83.

10. See Art. 8, para. 1, of the Netherlands Nationality Act.

11. See Art. 15 under c jo. Art. 14, para. 2, of the Netherlands Nationality Act.

12. Bijl. Hand. II 1982/83 — 16947 (R 1181) No. 7 p. 27.

13. See Hand. II 1983/84 p. 4032.

14. Reference is made here to an article by Jessurun d'Oliveira, H.U., ‘Moet Nederland drie nationaliteits-rechtelijke verdragenratificeren’, NJB (1984) p. 419Google Scholar and an interview with Prof. G.-R. de Groot by Jordens-Cotran, L. in Migrantenrecht (1991) No. 3/4.Google Scholar

15. Stb. 1985 No. 487.

16. Bijl. Hand. II — 21132 No. 8 pp. 43 and 49.

17. Bijl. Hand. II — 21427 No. 3 p. 31.

18. Bijl. Hand. II 1990/91 — 21971 No. 14 pp. 3–20.

19. See 22 NYIL (1991) p. 267 et seq.

20. Bijl. Hand. II 1990/91 — 22146 No. 1 pp. 1–7.

21. Memorandum of 27 December 1990, Bijl. Hand. II 1990/91 — 21975 No. 3 pp. 1–2, 6–9.

22. Trb. 1967 No. 48, and Trb. 1981 No. 61.

23. ILO Conventions Nos. 100, 111 and 156; Trb. 1952 No. 45; 1962 No. 41, and Trb. 1982 No. 101.

24. Trb. 1964 No. 69.

25. Memorandum of 25 February 1991, Bijl. Hand. II 1990/91 — 22014 No. 3 pp. 1, 2–5.

26. See earlier, 21 NYIL (1990) p. 276.

27. Trb. 1972 No. 51 and 1985 No. 79.

28. Bijl. Hand. II 1997/78 — 15049 (R 1100) No. 3 p. 8.

29. Bijl. Hand. II 1990/91 — 21214 (R 1375) No. 7 pp. 2–7.

30. Trb. 1991 No. 62.

31. Recently, Trb. 1984 No. 55.

32. Note of 19 July 1991, Bijl. Hand. I/II 1990/91 — 22200 (R 1414) No. 1 pp. 2–3.

33. Trb. 1959 No. 126.

34. Trb. 1984 No. 55.

35. Stb. 1965 No. 428.

36. Stb. 1964 No. 447.

37. Trb. 1980 No. 156.

38. Memorandum of 5 July 1991, Bijl. Hand. II 1990/91 — 22178 No. 3 pp. 2–3.

39. Bijl. Hand. II 1990/91 — 21664 No. 60.

40. Letter of 24 June 1991, Bijl. Hand. II 1990/91 — 21664 No. 74.

41. Hand. I 1951/52 p. 855.

42. Bijl. Hand. II 1985/86 — 19290 B pp. 5–6.

43. See in particular Bijl. Hand. II 1985/86 — 16521 No. 5.

44. Bijl. Hand. II 1990/91 — 21664 No. 25 pp. 4–11.

45. Bijl. Hand. II 1990/91 — 21800 V/X No. 81.

46. Cf., earlier in 22 NYIL (1991) p. 316 et seq.

47. Bijl. Hand. II 1990/91 — 21664 No. 15.

48. Letter of 8 January 1991, Bijl. Hand. II 1990/91 — 21664 No. 24.

49. Bijl. Hand. II 1990/91 — 21664 No. 27.

50. Bijl. Hand. II 990/91 — 21665 No. 43.

51. Trb. 1951 No. 134.

52. Trb. 1956 No. 28.

53. Trb. 1951 Nos. 72, 74 and 75.

54. Bijl. Hand. II 1990/91 — 22149 No. 1.

55. Agreement of 23 November 1990, Trb. 1990 No. 178.

56. Agreement of 12 July 1966, Trb. 1966 No. 180.

57. Art. 15 reads in full as follows:

‘1. Consistent with their lights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board of Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention far the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, insofar as the Contracting Parties are both Party to these Conventions.

2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory act in conformity with such aviation security provisions.

4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party.

5. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on-items, baggage, cargo and aircraft stares prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

6. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

7. Accordingly each Contracting Party shall advise the other Contracting Party of any difference between its national regulations and practices and the aforementioned aviation security provisions. Either Contracting Party may request immediate consultations with the other Contracting Party at any time to discuss any such differences.’

58. Note of 22 March 1991, Bijl. Hand. I/II. 1990/91 No. 213/22053 No. 1 pp. 2–3.

59. Convention of 21 February 1971, Trb. 1989 No. 129.

60. Trb. 1989 No. 97.

61. Memorandum of 31 May 1991, Bijl. Hand. II 1990/91 — 22115 (R 1411) No. 3 pp. 2–3.

62. Trb. 1989 No. 97.

63. UN Doc. A/S-17/AC.1/L.3.

64. Bijl. Hand. II — 21513 No. 1.

65. Trb. 1990 No. 172.

66. Memorandum of 25 April 1991, Bijl. Hand. II 1990/91 — 22090 (R 1406) No. 3 pp. 4–6.

67. Stb. 1981 No. 118.

68. Stb. 1986 No. 417.

69. Stb. 1986 No. 157.

70. Stb. 1988 No. 558.

71. Stb. 1988 No. 227.

72. Bijl. Hand. II 1990/91 — 22054 No. 2 pp. 4–7.

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