Legal Literacy - The government can commit unlawful acts. This is called an unlawful act by the government. However, its nature is slightly different from the arrangements in civil and criminal law.

Background

Unlawful acts by the government are a development of the classical legal theory of unlawful acts, namely actions legal subject that are contrary to law and cause certain losses.

Specifically, unlawful acts are found in the concepts of civil law and criminal law.

In civil law, unlawful acts (onrechtmatige daad) are qualified as an act of a legal subject regulated in Article 1365 of the Civil Code ("KUHPER"). This is different from criminal law which tends to classify unlawful acts (wederrechtelijk) as one of the elements of an offense that harms the public interest.

However, unlawful acts are no longer merely attached to individuals or legal entities as the concept according to the two branches of law above. Currently, unlawful acts can also be considered inherent in actions taken by the government. This is referred to as an unlawful act by the government (onrechtmatige overheidsdaad).

Recognition of onrechtmatige overheidsdaad is reinforced through Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Resolving Disputes over Government Actions and Authority to Adjudicate Unlawful Acts by Government Agencies and/or Officials ("PERMA…