Mainly right-wing parties promising policies that are against Dutch law: Bar Assoc.

Eleven almost exclusively right-wing parties are making promises in their election programs that are contrary to the rule of law, according to the Dutch Bar Association (NOvA). DENK is the only one of the seven “red card” parties that is on the left wing of the political spectrum. Its election program breaks the law with a plan for mandatory chemical castration of pedophiles.

NOvA uses a yellow and red card system. Plans that “may pose a risk to the rule of law” get a yellow card, and plans “that are in direct conflict with the rule of law” receive a red card. The left-wing socialist party SP was the only party with no legal issues in its election program.

The other “red card” receivers are BBB, BVNL, BIJ1, CDA, FVD, JA21, NSC, PVV, SGP, and VVD. According to the lawyers, these parties cross the legal lines with plans on asylum, stricter prison sentences, stricter rules in prisons, or the outright abolition of laws.

For example, the NOvA issued red cards for limiting the number of asylum seekers allowed to apply in the Netherlands per year, something that the BBB, NSC, PVV, BVNL, and FvD all have in their election programs. That is contrary to international obligations and treaties. The same applies to the SGP’s proposal to reintroduce the death penalty.

Standard prison sentences or minimum sentences (JA21, PVV), life sentences after three serious crimes (JA21, BBB), and scrapping the nitrogen law (BNVL) also got red cards from the lawyers. Furthermore, FvD limits freedom of expression with a “ban on LGBTI+ propaganda,” and the VVD goes too far with the supervision of Islamic weekend schools.

The NOvA also noted some positive developments. Many proposals - including from “red card” parties - strengthen the rule of law. For example, the lawyers were optimistic about plans for a constitutional test, referenda, and increasing protection of journalists. “It is clear that almost all parties are struggling with the answer to the question of how our democracy should be (re)organized politically to meet the demands of our time,” NOvA said. For example, the NSC received a green card for strengthening the rule of law with a plan to establish a constitutional court.

The lawyers examined 18 election programs from parties that are already in the Tweede Kamer, the lower house of the Dutch parliament, or have a reasonable chance of winning a seat.