Wraking van Hoge Raad, December 16, 2011
Datum uitspraak | 2011/12/16 |
Uitgevende instantie: | Hoge Raad |
Nr. 11/03915 t/m 11/03918, 11/03920 en 11/03983
16 december 2011
Hoge Raad der Nederlanden
Beslissing
van de Vierde kamer van de Hoge Raad der Nederlanden naar aanleiding van de verzoeken om wraking van de hierna te noemen raadsheren in de Hoge Raad, ingediend door X te Z, verder te noemen verzoeker.
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De procedure
1.1Verzoeker heeft verzoeken tot herziening ingediend van een vijftal door de Hoge Raad op 12 augustus 2011 gewezen arresten. De verzoeken voornoemd zijn bij de Derde kamer van de Hoge Raad ingeschreven onder de nummers 11/03915 tot en met 11/03918 en 11/03920. Bij brieven van 20 oktober 2011 is aan verzoeker meegedeeld dat op 28 oktober 2011 de beslissingen in die zaken in het openbaar zullen worden uitgesproken. Tevens is daarin meegedeeld dat de arresten zullen worden gewezen door de leden C. Schaap, A.H.T. Heisterkamp en R.J. Koopman.
1.2 Bij op 21 oktober 2011 ter griffie van de Hoge Raad ingekomen verzoekschrift heeft verzoeker de wraking verzocht van de hiervoor in 1.1 vermelde leden.
1.3 Verzoeker heeft voorts beroep in cassatie ingesteld in de zaak die bij de Hoge Raad is ingeschreven onder het nummer 11/03983. Bij brief van 20 oktober 2011 is aan verzoeker meegedeeld dat op 28 oktober 2011 de beslissing in die zaak in het openbaar zal worden uitgesproken. Tevens is daarin meegedeeld dat het arrest zal worden gewezen door de leden C. Schaap, A.H.T. Heisterkamp en M.W.C. Feteris.
1.4 Bij op 27 oktober 2011 ter griffie van de Hoge Raad ingekomen verzoekschrift heeft verzoeker de wraking verzocht van C. Schaap en A.H.T. Heisterkamp, leden van de Hoge Raad.
1.5 De mondelinge behandeling van de verzoeken om wraking heeft op 16 november 2011 plaatsgevonden door de in zijn Reglement van Inwendige Dienst daartoe aangewezen Vierde kamer van de Hoge Raad, in aanwezigheid van de Advocaat-generaal R.L.H. IJzerman.
Verzoeker is verschenen en heeft de wrakingsverzoeken mondeling toegelicht.
De raadsheren Schaap, Heisterkamp en Koopman zijn niet verschenen, nadat zij te kennen hadden gegeven niet te berusten in de verzoeken en niet te willen worden gehoord.
De Advocaat-Generaal heeft dadelijk op de zitting van 16 november 2011 mondeling geconcludeerd tot afwijzing van de verzoeken.
De Hoge Raad heeft voorts kennisgenomen van de stukken die na de mondelinge behandeling door de verzoeker zijn ingediend.
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Beoordeling van de wrakingsverzoeken
2.1 Ingevolge artikel 8:15 van de Algemene wet bestuursrecht (hierna: de Awb) kan elk van de...
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