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Transition from Administrative Law to Civil Law: Settlements in Cases with Overlapping Jurisdiction

In cases where administrative and civil law overlap, amicable settlements facilitate hybrid resolutions. Strategies and integration with the Dutch Code of Civil Procedure enable efficient solutions in complex neighbor or real estate disputes.

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Effectively Settling Hybrid Disputes

Certain cases transcend administrative law and intersect with civil law, such as neighbor disputes involving an administrative permit. Settlement agreements can bridge these areas, combined with Dutch Code of Civil Procedure (DCCP) rules for settlements (Article 177 DCCP).

Parties sign a settlement agreement that regulates both administrative and private obligations, such as compensation alongside permit modifications. This prevents parallel proceedings before the administrative court and the district court.

Strategies for Success

  1. Identify all involved areas of law
  2. Coordinate negotiations with multiple parties
  3. Ensure judicial approval (homologation) if necessary

Case law emphasizes the preference for extrajudicial solutions, which can halve costs and preserve relationships. This approach is ideal for real estate or environmental cases with private dimensions.