Brief to Supreme Court declared Covid curfew as legal
The Court of Appeal in The Hague was correct to reject the Viruswaarheid.nl Foundation's demand to suspend the national curfew at the beginning of this year, said the Advocate General in a brief to the Supreme Court. This advice to the highest court is not binding but usually followed.
In January, the Justice Minister announced the Temporary Covid-19 National Curfew regulation. The Viruswaarheid.nl Foundation and two others filed summary proceedings against the regulation. The preliminary relief judge initially ruled in the plaintiffs' favor because the legal conditions for applying such an emergency law provision had not been met. However, the court later ruled that there was sufficient legal basis and overturned the preliminary relief judge's ruling.
The Viruswaarheid.nl Foundation filed cassation at the Supreme Court, even though another legal basis was founded for the national curfew in the meantime: the Temporary Act Restriction on Staying in the Open Air Covid-19.
According to the Advocate General, the danger to public health posed by infection with the Covid-19 virus can be regarded as an "extraordinary circumstance," as stated in the Extraordinary Powers of Civil Authority Act. As a result, the controversial curfew was allowed to be announced, according to the advice to the Supreme Court.
It is not yet known when the Supreme Court will rule.