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1. Collective Action in the Netherlands: Why It Matters for the Transposition of the Product Liability Directive

Author:
Oscar Guinea, Dyuti Pandya, and Vanika Sharma
Publication Date:
06-2025
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
This policy brief explores the implications of the Netherlands’ transposition of the new EU Product Liability Directive (PLD), focusing on its interaction with the Dutch collective action system. As one of the first EU countries to implement PLD and a key hub for mass litigation, the Netherlands offers a compelling case study. Features such as low claim thresholds, opt-out mechanisms, flexible settlements, limited cost-shifting, and the ease of creating litigation-backed entities make the Netherlands particularly attractive for mass claims, reinforcing its reputation as a “litigation magnet.” The new PLD simplifies liability claims, broadens the definition of “product” to include software, digital files, and related services, lowers evidentiary thresholds, extends liability to third-party actions such as cyberattacks, and includes post-market defects. These provisions, combined with the Netherlands’ collective redress regime, are expected to drive a rise in mass litigation. This rise poses particular economic risks for the Netherlands, one of the EU’s most digitised economies. Ranked sixth in digital adoption by Eurostat’s Digital Intensity Index, Dutch firms – especially in finance, insurance, ICT, and manufacturing – may also face growing exposure to collective actions under the PLD, which extends liability across the entire value chain. These sectors account for 27 percent of the value added in the Dutch market economy and are widely recognised as key drivers of economic growth. Increased legal uncertainty may also reduce the Netherlands’ attractiveness to multinational corporations, threatening levels of foreign direct investment and employment, both essential pillars of the Dutch economy. Growing mass litigation may also hinder innovation by redirecting R&D resources toward legal risk management. This is particularly concerning for the Netherlands, one of the EU’s top R&D investors. Drawing on US evidence, large-scale litigation can significantly erode market capitalisation, and based on our estimates, the cumulative loss in value for 31 Dutch companies featured in the EU R&D Scoreboard could reach €5.5 billion under the high-growth scenario. Such declines could impact household wealth, as Dutch households save approximately 14.6 percent of their gross disposable income, of which 20 percent is invested in equity. Pension funds, which also play a central role in Dutch long-term savings, can also hold significant stakes in publicly traded Dutch companies. As a result, the effects of collective actions on the market value of Dutch companies extend beyond corporate balance sheets, posing potential negative consequences for Dutch savers, as well as current and future pensioners. This report was commissioned by the European Justice Forum, a coalition of businesses, individuals and organisations that are working to build fair, balanced, transparent and efficient civil justice laws and systems for both consumers and businesses in Europe.
Topic:
European Union, Economy, Litigation, and Liability
Political Geography:
Europe and Netherlands

2. Beyond the EU enlargement paradox

Author:
René Cuperus and Saskia Hollander
Publication Date:
03-2024
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This Clingendael report analyses the so-called ‘EU enlargement paradox’, which refers to the notion that EU enlargement is both inevitable and impossible at the same time. It is inevitable for geostrategic reasons, given Putin’s Russian imperial revisionism. But at the same time, EU enlargement is impossible for political institutional reasons. At the moment, neither the eligible candidate countries, nor the EU at large, nor the electorates in key EU Member States are ‘enlargement fit’. How could the Dutch government deal with this paradox? This paper aims to set the scene for the forthcoming debate in the Netherlands on the future of EU enlargement. To serve as a basis for risk analysis, it provides a systematic overview of various trade-offs on five policy domains: 1) geopolitics, security and defence; 2) rule of law and democracy; 3) economy and budget; 4) migration and free movement of persons; and 5) EU institutional structure. The report draws on findings from the latest Clingendael Barometer survey, which analysed Dutch public opinion towards enlargement along these dimensions.
Topic:
Public Opinion, European Union, Regional Integration, Survey, and Regional Politics
Political Geography:
Europe and Netherlands

3. Europe Cannot Wait for Unity

Author:
Ties Dams, Giulia Cretti, and Louise Van Schaik
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
The EU is not always united and visible in foreign policy. This policy brief argues it could make more use of leading groups of member states under the coordination of the High Representative and European External Action Service (EEAS), the type of strategic thinking that guided the development of the Strategic Compass, and a Team Europe approach to a wider range of international activities, going beyond development cooperation. One idea would be to formulate a European Council Forum on Economic Security and Sanction policy. The Netherlands could contribute proactively, for instance by advocating for a strategic conversation on the topic of economic power at the level of the European Council.
Topic:
Foreign Policy, Development, Regional Cooperation, and European Union
Political Geography:
Europe and Netherlands

4. The Dutch position on Kosovo’s visa liberalisation process: Light at the end of the tunnel?

Author:
Wouter Zweers
Publication Date:
08-2022
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Kosovo remains the last country in the Western Balkans that has not yet attained EU visa liberalisation which would allow its citizens to travel freely to the EU for up to 90 days. In spite of a 2018 positive assessment from the European Commission on the fulfilment of the formal benchmarks, the Netherlands, as well as several other EU member states, have remained opposed to date, citing rule of law concerns. The status quo has resulted in a politicisation of the process and rising frustrations. Unpacking the different positions is essential in order to identify action points for breaking the deadlock on both the Dutch and the Kosovar side. This policy brief therefore assesses the Dutch position on the visa liberalisation process, as well as how that position is perceived in Kosovo. It does so through an analysis of government documents and interviews with policy makers, politicians and civil society representatives. The brief shows how the Dutch narrative is slowly changing, arguing that even if divergences in narratives remain, visa liberalisation could take place towards the end of 2022. It articulates recommendations for both Kosovo and the Netherlands to capitalise on the current momentum.
Topic:
European Union, Visa, Travel, and Liberalization
Political Geography:
Europe, Kosovo, and Netherlands

5. Exploring avenues in the EU’s rule of law crisis: What role for the Netherlands?

Author:
Luuk Molthof, Nienke van Heukelingen, and Giulia Cretti
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Despite the existence of an extensive ‘rule of law toolbox’, the EU has found it difficult to deal with rule of law issues. Many experts attribute the EU’s failure to act to a lack of political will and determination on the part of EU institutions and member states. However, not all actors are lacking in political will (equally). The Netherlands, for instance, has been very concerned about the erosion of the rule of law inside the EU and has been one of the more active member states – along with, for instance, Belgium, Finland, Sweden and Denmark – in trying to address the EU’s rule of law crisis. In this policy brief, we examine three possible avenues available to the Netherlands to strengthen the political will of EU institutions and (like-minded) peers to assertively address this crisis and to increase pressure on backsliding member states to safeguard the rule of law.
Topic:
European Union, Democracy, Rule of Law, and Institutions
Political Geography:
Europe, Finland, Belgium, Denmark, Sweden, and Netherlands

6. The Impact of the Repression in Xinjiang on China’s Relations with Other Countries

Author:
Marcin Przychodniak
Publication Date:
04-2021
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The policy of repression of Uyghurs in Xinjiang has become a significant element of criticism of China in the world. In March this year, the EU, U.S., Canada, and the United Kingdom imposed sanctions on China over the matter. Moreover, the Netherlands, the U.S. and Canada described China’s actions as genocide. For China, however, its actions involving Uyghurs are a key element of domestic politics, which is why it presents accusations as disinformation. It has imposed counter sanctions, including on the EU, and their wide scope indicates that for China, Xinjiang is more important than, for example, the ratification of the Comprehensive Investment Agreement (CAI) with the EU.
Topic:
International Relations, Genocide, Human Rights, European Union, and Uyghurs
Political Geography:
China, United Kingdom, Europe, Canada, Asia, Netherlands, United States of America, and Xinjiang

7. Covid-19 prompts the EU and the Netherlands to rethink global health

Author:
Louise Van Schaik and Remco van de Pas
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
The Covid-19 pandemic prompted a strong re-engagement in global health. Because the pandemic coincided with geopolitical rifts between the US and China, but required a global response, the EU and its member states took responsibility to safeguard the World Health Organization (WHO) and initiated global arrangements for vaccine sharing for developing countries. Within the EU, mandates and global health functions have traditionally been underdeveloped and divided between the development and health sectors. For the Netherlands, this is perhaps the case to an even larger extent. Development funding has focused primarily on sexual and reproductive health and rights, and the health ministry has had limited interest and capacity on international health issues, with the exception of certain specific issues such as Anti-Microbial Resistance (AMR) and medicine prices. Spending on global health by both the EU and the Netherlands has been fragmented, with mainly ad hoc budgets being made available for the international pandemic response. This policy brief calls for a structural response and more coherent outlook on global health.
Topic:
Development, European Union, COVID-19, and Global Health
Political Geography:
Europe and Netherlands

8. Brexit and the consequences for fisheries management in the North Sea

Author:
Gordon Munro
Publication Date:
06-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The North Sea is a very productive fishing area of great importance to surrounding coastal states Norway, the UK, Sweden, the Netherlands, France, Germany, Denmark and Belgium, with an average total harvest in recent years of slightly more than 1.8 million tonnes. This report explains why the cooperative management of the six shared North Sea fish stocks has been so stable to date and considers what lessons this success holds for the world at large. The report also speculates on the post Brexit management of these resources. The lessons learned from cooperative management over 40 years may well have an impact also on future cooperation between Norway, the UK and the EU27.
Topic:
International Cooperation, European Union, Economy, Brexit, Oceans and Seas, and Fishing
Political Geography:
United Kingdom, Europe, France, Germany, Belgium, Denmark, Sweden, and Netherlands

9. What EU Member States can Policy Brief learn from Kosovo’s experience in repatriating former foreign fighters and their families

Author:
Julie Coleman
Publication Date:
06-2020
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
The small Western Balkan nation of Kosovo repatriated 110 citizens, including men, women, and children, in April 2019, making it one of a very small number of countries that has actively repatriated citizens involved with the Islamic State. This policy brief examines Kosovo’s response to the phenomenon of foreign fighters, how the return of foreign fighters and their families from Syria has been handled, and what has happened during the year since their return. What lessons can be learned by EU countries, including the Netherlands, in handling the complex issue of how to manage the return of foreign fighters and their families?
Topic:
European Union, Citizenship, and Foreign Fighters
Political Geography:
Eastern Europe, Kosovo, Balkans, Syria, and Netherlands

10. The Russia policy conundrum: Who blinks first?

Author:
Hugo Klijn
Publication Date:
10-2020
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
On 28 September the Netherlands’ Russia policy was debated in Parliament. This policy (updated most recently in the government’s ‘Russia letter’ of December 2019) boils down to a twin-track approach of, on the one hand, exerting pressure through EU sanctions and NATO deterrence and, on the other hand, identifying common ground dossiers and engaging in people-to-people contacts. To date, this long-standing policy has not led to satisfactory outcomes. The debate took place against the backdrop of a Clingendael opinion poll indicating that the Dutch public has different threat perceptions of Russia. Anyway, the debate was rather uneventful and lawmakers focused mostly on topical issues such as the ongoing MH17 trial, Belarus, developments around Nagorno-Karabakh and the poisoning of Alexey Navalny. It may be a source of comfort that the Netherlands is not the only country struggling with its Russia policy. The list of accusations and grievances against Russia is growing, but its leadership flatly denies all wrongdoing and does not seem much impressed by Western responses which have not resulted in a change of behaviour. Under a veneer of unity, European countries are divided on Russia and the debate often hovers between two, typically Russian, eternal questions: kto vinovat (who’s to blame) and chto delat’ (what to do).
Topic:
Foreign Policy, NATO, Sanctions, European Union, and Deterrence
Political Geography:
Russia, Eurasia, and Netherlands