Tuchtrecht

Disciplinary law

All professional groups must adhere to statutory regulations as well as rules of conduct and professional practice. For instance, lawyers in the Netherlands are subject to the Rules of Professional Conduct 1992 laid down by the Dutch Bar Association; certified accountants must comply with the Rules of Conduct and Professional Practice set by the Royal Netherlands Institute of Registered Accountants; and journalists are bound by the Guidelines for the Netherlands Press Council.

Complaints on their performance or conduct can be submitted to the relevant organisations designated to handle complaints which then review the conduct of the professional person in relation to the applicable rules of conduct. Some of the organisations are entitled to impose sanctions as reprimand and suspension, others are only allowed to assess whether the complaint is well-founded or not.

If the designated organisation finds that the rules of conduct have been violated, and irrespective of whether it has imposed a sanction, that decision can serve to substantiate a claim for compensation or other claims brought before the civil court.

Borsboom & Hamm advises and assists on complaints and other disciplinary procedures.

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