Cabinet proposes new law to ban parties that undermine democracy

The Cabinet published a new bill that would allow political parties to be banned if they undermine the democratic rule of law, or if they propose abolishing the rule of law. If the bill is passed, it will mean that courts can impose a ban "as a last resort if a party wants to destroy democracy," according to Interior Minister Hanke Bruins Slot.

It is already possible to ban a political party, but on different grounds than what was written into the new bill. This is now only possible if a party poses a threat to public order - as is the case for other organizations, such as motorcycle gangs. The new Political Parties Act, as the bill is officially called, is much more specific.

Minister Bruins Slot said she considers parties "of vital importance." In a statement, she added, "The parties that also gain our trust with our votes must never endanger our democracy in the process."

Ideally, the power to ban parties should rest with a constitutional court, but that does not yet exist in the Netherlands. In the current proposal, the Supreme Court addresses this.

If it were up to the Cabinet, the court would soon be allowed to ban parties if they preach violence and use violence to dismantle democracy or violate fundamental rights. The rules are strict, as had been recommended in several expert opinions. Ultimately, the European Court of Human Rights can review whether the party in question should have been banned.

The new law regulates more than just the ban on parties. It also contains stricter rules on the transparency of political parties, for example in the area of their finances and internal organization.

Furthermore, political parties active in municipalities, water associations and provinces will receive additional funding: more than 25 million euros over a three-year period. "This will make parties less dependent on donations," the minister said. A newly established law on the Political Parties Authority Act is to provide oversight.

This law is largely the result of the work of a committee led by Johan Remkes, which issued policy advice in 2018. The proposal is currently in consultation, which means that everyone, both experts and citizens, can respond to the law until 22 March. Only later will the proposal be discussed in the Tweede Kamer.