10 The Submission of Amicus Curiae Briefs to United States Courts: the Practice of the Netherlands

Abstract

Submission of amicus curiae briefs is a well-known phenomenon in United States court procedure in both civil and criminal procedure. In its capacity as Member State of the European Union the Netherlands has always actively participated in the activities of the Union aimed at abolishing the death penalty. The Netherlands submitted an amicus curiae brief outside the framework of the European Union only three times. The first case was in the area of antitrust law; the second and third in the field of the law on consular relations, namely the issue of lack of consular notification in case of arrest of a national of the sending State. Before the start of the proceedings in the State trial court the Netherlands' government had used and continued to use traditional means of diplomatic action on behalf of Bout. Keywords: amicus curiae ; antitrust law; diplomatic action; European Union; Member State; Netherlands; State trial court; United States court