Zittende magistratuur
Sitting judiciary
The sitting magistracy comprises the judges who actively preside in the Dutch district courts and courts of appeal. They constitute the independent judiciary, as opposed to the standing magistracy.
The sitting magistracy consists of those members of the judiciary who are responsible for adjudicating civil, criminal and administrative cases. These judges are independent and are appointed for life in order to safeguard the separation of powers.
The term is relevant because it underscores the independent position of the judge within the Dutch legal system. In practice, the sitting magistracy is frequently contrasted with the standing magistracy, which is responsible for prosecution and the bringing of charges.
In legal proceedings it is important to identify which magistracy is involved, for example when a request is made for the recusal of a judge belonging to the sitting magistracy.
“Counsel addressed his closing argument to the bench with a request to acquit the defendant.”
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