Science

Informal collegiate deliberations: On the role of law clerks in Dutch administrative court proceedings

Giel Stoepker

Proposition de citation: Giel Stoepker, Informal collegiate deliberations: On the role of law clerks in Dutch administrative court proceedings, in : «Justice - Justiz - Giustizia» 2025/4

Dutch administrative courts rely heavily on law clerks, whose role extends beyond administrative support. This article reveals how law clerks actively shape what is called ‹informal collegiate deliberations›. This concerns the coordination of the content of judicial decisions (a draft decision or an abstract line of case law). Law clerks draft memos, guide discussions, and influence the judicial reasoning and outcomes. Their growing substantive involvement marks a shift toward what may be called the «judicialization» of the law clerk, raising new questions about accountability and the rule of law.

Table des matières

1. Introduction
2. Law clerks in Europe
3. Informal collegiate deliberation in Dutch courts
4. Empirical methodology
5. Research results
- 5.1. Participation and place in informal collegiate deliberations
- 5.2. Tasks
  - 5.2.1. Writing memoranda
  - 5.2.2. Acting as a substantive discussion partner
- 5.3. Involvement and influence of law clerks on the process and outcome
  - 5.3.1. Leadership
  - 5.3.2. Interaction
  - 5.3.3. Connecting and relationship building
  - 5.3.4. Time management
6. Reflection
7. Conclusion