Absolute bevoegdheid

Absolute jurisdiction determines which judicial body—such as the subdistrict court judge, the district court or a court of appeal—has competence to hear a dispute. This is established by reference to criteria including the amount of the claim, the area of law (civil, administrative or criminal) and specific statutory provisions contained in the Dutch Code of Civil Procedure or other procedural legislation.

In practice, the correct application of absolute jurisdiction prevents proceedings from being unnecessarily delayed or a judgment from being subsequently set aside on grounds of lack of jurisdiction. Lawyers therefore always verify, when drafting a writ of summons or statement of claim, which court possesses absolute jurisdiction so that the case is brought directly before the appropriate forum.