2025-03-28 ”The Region’s Concession” NJA 2025 s. 271
The appellant has consented to payment in a case concerning damages due to a violation of fundamental freedoms and rights but declared that the concession therefor does not entail an acknowledgement that a violation has occurred (a so-called qualified concession). In such a situation, the court should apply the procedural law provisions in such a manner that the court adjudicates in accordance with the concession and, at the same time, within the context of an action for declaratory judgment, rules on whether there has been a rights violation.