MP's want to scrap Minister of right to force prosecution to prevent "cronyism in court"

D66, GroenLinks-PvdA, NSC, and SP want the Minister of Justice and Security to no longer be able to instruct the Public Prosecution Service (OM) to prosecute someone. The parties are largely positive about a bill to regulate this, initiated by D66 MP Joost Sneller. VVD and BBB, on the other hand, want to retain this authority.

The ministerial authority to instruct the OM to prosecute or not prosecute someone has never been used. D66 wants to prevent politicians from abusing this authority in the future. The party pointed to Hungary and the United States as examples.

SP MP Michiel van Nispen referred to the prosecution of Geert Wilders for hate speech over his “fewer Moroccans” statements as an example of possible political interference in criminal cases in the Netherlands. Van Nispen wants “no cronyism in the courtroom, where political friends are protected.”

BBB MP Marieke Wijen-Nass believes it won’t get that bad. When Derk Boswijk (CDA) suggested to her that a party with 76 seats could prosecute political opponents, she said: “I don’t see that happening.”

VVD MP Ulysse Ellian called the current relationship between politicians and the OM “a balanced system.” He sees sufficient checks and balances to prevent abuse. “If the Minister decides to prosecute, a judge makes the final decision. If someone is not prosecuted, the Minister is accountable to parliament.”

The PVV was the only big party not present at the debate. The bill will be further discussed in parliament in November, after the elections. It is therefore not yet possible to say whether the bill will receive a majority vote.