Anti-social behaviour and European protection against eviction:An analysis of Dutch case law based on statistics

Purpose The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in the Netherlands. The paper focuses on anti-social behaviour related cases in which the landlord requests the court to issue an eviction order. Design/methodology/approach The paper is based on a statistical analysis of nearly 250 judgements concerning housing related anti-social behaviour. Findings A significant difference is found in the court’s attitude against drug related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, Dutch courts ignore the tenant’s proportionality defence in 10% of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any difference for the court decision. Originality/value The paper presents original data on the legal protection against eviction in cases concerning anti-social behaviour. This is the first study that analyses the approach towards housing related anti-social behaviour in the context of the European minimum level of protection. Whilst centred on legislation and procedures in the Netherland its findings and discussion are relevant in other jurisdictions facing similar issues

Development of regional variety in the Netherlands

This study focuses on regional patterns in stature in the Dutch society during the 19th century and early 20th century (1830-1913). To test regional patterns and transitions we use the HSN Database Giants. Results confirm that in the first period (1830-1860) differences in the biological standard of living were substantial. The less market-oriented inland provinces had the highest level. This is line with the Komlos-these. The modernization of Dutch economy in the second half of the 19th-century was accompanied by a substantial increase in average height and a reversal of the spatial pattern. Nevertheless, regional differences stayed substantial and there was no pattern of convergence. At first, conscripts from the market-oriented coastal provinces took over the lead from the inland provinces. We tested for an urban premium for the last period (1890-1913). This was confirmed, although it did not manifest itself in cities like Amsterdam and Rotterdam