Travellers’ extinction policy – lawsuit against Oss

Travellers’ extinction policy – lawsuit against Oss

When PILP started in 2014, a hearing was organised with caravan dwellers from all over the country. They were asked what most needed legal help. The caravan community immediately came up with the ‘extinction policy’: the policy of some municipalities to make caravan culture and places disappear.
PILP started working with the community to find the best case to challenge this. And that became the case of Henk from Oss.

Henk is a caravan dweller and lived in a caravan with his mother. His mother died and Henk was not allowed to take over the caravan site, based on the eviction policy. He was not recognised as a tenant. The municipality threatened to evict his caravan.

However, this was also a technical legal issue. The lawyers at Kennedy van der Laan were willing to help, as part of their pro bono policy. Tenancy law specialists and administrative lawyers from this firm collaborated with PILP’s human rights experts. The court proceedings were won in court on 14 January 2016. The municipality appealed and Henk also won at the court of appeal, on 31 October 2017. Read the judgment here.

Unfortunately, both the district court and the court of appeal failed to say anything more generally about the extinction policy or human rights at stake in the case.

Still, the community was happy with the result achieved; by taking legal action, the extinction policy had been rolled back in a concrete case. But also for Henk, of course, as he was allowed to continue living in his caravan.

In een oogopslag

Startdatum:
14 January 2016
Huidige status:

Henk is a traveller and lived in a caravan with his mother. His mother died and Henk was not allowed to take over the caravan site, based on the extinction policy. He was not recognised as a tenant. The municipality threatened to evict his caravan. The court proceedings were won at the court on 14 January 2016. The municipality appealed and Henk also won at the court, on 31 October 2017.

Rechtzaak Travellers’ extinction policy – lawsuit against Oss

31 October 2017

Case won at trial court

The case was won at the trial court. Client may continue to live in his trailer.

Case won at trial court

14 January 2016

Case won in court

Case won in court

2015

Picked client

Selected along with community case of client to challenge extinction policy.

Picked client

2014

Intervention PILP

PILP brings caravan community together to listen to their concerns and issues

Intervention PILP

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