‘The field of government liability is currently developing at a rapid pace, in the Netherlands, but also worldwide,’ Kortmann explains. ‘Globally, attention is focusing on climate and environmental liability, while at national level prominent issues include the compensation of mining damage resulting from mineral extraction in Groningen and Limburg, as well as the settlement of the Childcare Benefits Scandal. All these cases are characterised by the fact that they concern a large number of aggrieved parties, who, collectively, are demanding high levels of compensation.’
‘There are countless challenges to overcome in this area, from designing mechanisms that allow claims to be settled fairly and expeditiously through to avoiding discrimination between different groups of aggrieved parties, preventing overcompensation and – in the event of very large claims – protecting the public finances. I am keen to examine whether our current legal system is capable of offering good solutions to these challenges and, if not, what needs to change.’
‘In recent years I have focused on these issues within academia and in practice and have made suggestions for improvement. My appointment will allow me to add greater depth to this research. Thanks to the concentration of relevant expertise within the Faculty of Law in Nijmegen, over the coming years I expect to be able to take steps, together with my colleagues, to improve government liability law.’
About Tijn Kortmann
Tijn Kortmann (1970, Nijmegen) obtained a degree in physics in 1993 from what was then the Catholic University of Nijmegen, before graduating in law from Utrecht University in 1996. He also received his PhD from Utrecht University, for research on unlawful government decisions. Since 1996, following the completion of his studies, he has been employed at the administrative and real-estate law practice of the law firm Stibbe in Amsterdam.
Kortmann advises public authorities, companies and institutions on a diverse range of government-related matters. In addition to government liability law, he also specialises in areas including environmental law, public contract law and general administrative law. He represented the Royal Professional Organization of Judicial Officers (KBvG) in a class action against the State of the Netherlands. Alongside his work in legal practice, he is also active in undergraduate and postgraduate education and academic research, as an author and as a member of various editorial boards.