Organizing Technical Knowledge in Environmental and Planning Law Disputes in the Netherlands – the Foundation of Independent Court Experts in Environmental and Planning Law

Abstract

In the Netherlands, the technical knowledge needed by judges to decide on environmental and planning law is organized in an atypical way. The Stichting Advisering Bestuursrechtspraak (STAB, Foundation of Independent Court Experts in Environmental and Planning Law) has the sole purpose of supplying the technical expertise needed by the administrative judges. One might question the need for such a, at first sight, relatively costly system. Furthermore, there may be concerns about the independence and impartiality of the STAB. This paper will explore the functioning of the STAB and discuss these possible concerns, mainly on the basis of the existing evaluation reports. It will be seen that the concerns are largely ill-founded and that the STAB is highly appreciated by its customers, the courts and by third parties. Although the existence of the STAB is due to specific historical circumstances, it could become a role model for other countries.