Repairing the Engine of Cassation: Form and Function of the Adjudication of the Hoge Raad and Its Parket

Abstract

The adjudication of the Hoge Raad (Dutch Supreme Court) was once called “the engine of cassation”. This metaphor suggests that it is this adjudication that keeps the legal system going; indeed, one can state without exaggeration that the Hoge Raad has played a considerable role in the development of Dutch civil and criminal law. It must also be acknowledged, however, that serious doubts currently exist as to whether it can continue in this capacity without requiring considerable reform. And if the engine of cassation needs to be repaired, we will have to reassess the Hoge Raad’s function in the Dutch legal system, as well as examine how the form of its rulings contributes to that function.