Rechters zonder toga: Een garantie voor een rechtvaardige procedure?

The Theory of Procedural Justice includes a number of elements that are related
to satisfaction with procedures and authorities. This article discusses this theory
with respect to the administration of justice. Two elements are derived from this
theory: ‘processing of information’ and ‘participation’. The article attempts to
answer the question as to how far the Dutch criminal justice system and that of a
number of other European countries operate in accordance to these two elements.
The elements are explored with help of empirical research into the accessibility of
trials and participation of lay people in the administration of justice. Findings
show that the Dutch criminal procedure is less in accordance with the two elements than the procedures in a number of other European countries. Dutch judges
and the public attach greater importance to independence of the court than to
participation of lay persons. Drawbacks of this situation and dangers for legitimacy are discussed.