The Grand Chamber of the European Court of Human Rights has rejected a complaint about the deliberation practice at the Supreme Court of the Netherlands as being inadmissible.
According to the practice concerned, judges who are not part of the legal panel to which a case has been assigned – known as “reservisten”– may take part in deliberations, without taking part in the subsequent vote.
Dutch national Johanna Kuijt alleged that this practice was incompatible with her right to a fair trial under the European Convention on Human Rights.
Kuijt failed to fully engage with the Dutch courts
Announcing its decision in Strasbourg today, the Grand Chamber of the Court declared the application inadmissible.
It said that a legal avenue had been available for Ms Kuijt to raise her complaint in the national courts, but she had not used it.
In other words, the applicant had not used up all of the legal options available to her at national level, which is a pre-condition for bringing a case to the European Court.
The Grand Chamber’s decision is final and cannot be appealed.
Ms Kuijt’s application was lodged with the Court in April 2019. The Grand Chamber held a hearing on the admissibility and the merits of the case in January 2026.
Watch the hearing in this case
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