Experienced judges over 70 to keep serving, easing court backlogs
Judges aged 70 and above can now permanently work as substitutes for up to three more years, helping reduce court delays. This move addresses the ongoing shortage of judges and retains valuable expertise in the Dutch legal system.
| Key Fact | Details |
|---|---|
| Policy Change | Permanent extension for judges over 70 to serve as substitutes |
| Current Retirement Age | 70 years |
| Extended Service Period | Up to 3 years post-retirement |
| Temporary Law Expiry | November 16, 2026 |
| Judicial Bodies Involved | District courts, courts of appeal, Central Appeals Council, Trade and Industry Appeals Tribunal |
| Training Capacity Increase | 140 places for judges and justices |
| Initiator | State Secretary for Justice and Security Claudia van Bruggen |
| Collaborators | Council for the Judiciary, Dutch Association for the Judiciary |
The Ministry of Justice and Security oversees the functioning of the Dutch judiciary, ensuring efficient and fair legal proceedings. This policy change reflects its role in addressing judicial capacity shortages and improving access to justice for citizens.
Read the full translated article below
Judges over 70 years of age can continue to serve as substitutes
News item | 03-31-2026 | 16:00
Judges should permanently be allowed to continue working as substitutes for up to three years after the statutory retirement age of 70. State Secretary for Justice and Security Claudia van Bruggen announced this today in a letter to the House of Representatives. It was already temporarily possible for judges to continue working as substitutes until the age of 73. A legislative amendment is being prepared to make this deployment permanent.
State Secretary van Bruggen: “In a state governed by the rule of law, timely and high-quality justice must be delivered. Naturally, this starts with having enough judges. By deploying experienced judges for longer, we retain their knowledge and skills and also reduce the long processing times in the judiciary.”
Judges aged 70 and over can currently be deployed as substitutes thanks to a temporary law, originally introduced in response to the COVID-19 outbreak. After an earlier extension of three years, the law will expire on November 16, 2026. The judiciary still faces a shortage of judges. That is why the deployment of substitute judges aged 70 and over remains desirable. One of the main causes of the capacity shortage is the age-related outflow of judges. Increasing numbers of judges are approaching the statutory retirement age of 70. Some judges also retire before reaching the retirement age.
An evaluation shows that the experiences with the deployment of substitute judges aged 70 and over are very positive and that these substitutes make a valuable contribution to reducing the capacity shortage. That is why their deployment is now being made permanent. As a result, substitute judges will continue to be deployable at district courts, courts of appeal, the Central Appeals Council and the Trade and Industry Appeals Tribunal. The legislative proposal to make this deployment permanent is being prepared in close collaboration with the Council for the Judiciary and the Dutch Association for the Judiciary. Once the proposal is ready, it will go through an (online) consultation before being submitted to the Council of State for advice.
Other measures
In addition to deploying substitute judges aged 70 and over, other measures have previously been taken to increase capacity in the judiciary. The training capacity for judges and justices has been increased in recent years to 140 places. Furthermore, with support from the Ministry of Justice and Security, more support staff have been hired. The current price agreements (2026-2028) between the judiciary and the Ministry of Justice and Security also include funds for strengthening the judiciary, including institutional innovation to reduce workload.