Onder 5.14. Rechtbank Den Haag 20 april 2016

Regarding the context in which the explanation of the Limitation Clause should take place, Article 45 paragraph 2 ECT is also relevant. At the time of signing, a state can submit a declaration that it is not able to accept provisional application (Article 45 paragraph 2 under a ECT). For such situations, Article 45 paragraph 2 under c provides for the Signatory to nevertheless comply with the provisional application “to the extent that such provisional application is not inconsistent with its laws and regulations” of Part VII of the Treaty (“Structure and Institutions” ). In this paragraph, the same terminology is used as in the first paragraph, with the difference that Article 45 paragraph 2 under c does not contain a reference to the Constitution. The Tribunal failed to clearly address the meaning of Article 45 paragraph 2 under c and limited itself to the opinion that in the context of this provision, the phrase “such provisional application” necessarily has a different meaning than the same reference in Article 45 paragraph 1, and referred to the provisional application of only Part VII of the Treaty. Whether the Tribunal was referring to the principle of provisional application does not become clear from its considerations.

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