The Netherlands v. National Union of Students and Another

Abstract

364Relationship of international law and municipal law — Human rights principles — Compatibility with national legislation — Constitution of the Netherlands — Whether permitting judicial review by reference to fundamental principles of lawHuman rights — Fair trial — European Convention on Human Rights, 1950 Article 6(1) — Whether requiring national courts to review national legislation by reference to fundamental principles of lawHuman rights — Discrimination — In the provision of education — Allegation that legislation withholding financial facilities from certain categories of students discriminatory — European Convention on Human Rights, 1950, Article 14 and Article 2 of First Protocol — International Covenant on Civil and Political Rights, 1966, Article 26Relationship of international law and municipal law — Treaties — Whether conferring directly applicable rights and obligations on individuals — Constitution of the Netherlands, Article 93 — Provision allowing for direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 3 — Requirement for signatories to enact implementing legislation — Whether Articles of Covenant having direct effectTreaties — Interpretation — By municipal courts — Intention of contracting parties — Practice of parties at time of signing Treaty — Whether constituting evidence of intention of parties — European Convention Human Rights, 1950, Article 6(1) — Ordinary meaning of words — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 13Treaties — Effect in municipal law — Direct effect of treaties — International Covenant on Economic, Social and Cultural Rights, 1966, Articles 2 and 13 — Whether having a direct effect in municipal law — The law of the Netherlands