Bar Association says government program undermines the foundations of the rule of law

The government program undermines the foundations of the rule of law, The Netherlands Bar Association (NOvA) has stated. Especially the Cabinet’s plans for asylum and migration are dangerous, according to the lawyers, with the use of emergency law at the forefront. "The government cannot, therefore, pretend to be a fully-fledged constitutional state, despite all the fine declarations," is the conclusion of an analysis of the government program.

The Bar Association has been scrutinizing election programs for some time, but this is the first time that it has tested a Coalition agreement. The commission of specialists was called in judges sharply. Of the 43 Cabinet plans that lent themselves to a rule of law test, nine received a red card and 28 a yellow card. Red is directly contrary to the rule of law, and yellow poses a risk to it.

Schoof I Cabinet's plans to combat the arrival of asylum seekers have been given numerous red cards. This is due to a pause in the processing of asylum applications, for example, or the abolition of legal aid for some asylum seekers.

But, suspending asylum legislation in order to be able to take strict measures quickly is the NOvA's primary concern. The Cabinet is planning on abusing its power, the Netherlands Bar Association said.

They believe that the Cabinet is planning on declaring an asylum crisis because they think this is what the voter wants and not because there is an actual emergency situation. Prime Minister Dick Schoof appeals only to the feelings of voters, said research leader and professor Elaine Mak. And "if one thing distinguishes states that are not constitutional states from states that are or want to be, it is the abuse of emergency law.”

According to the lawyers, the government is also putting the courts in a tight spot because the government itself is pushing the boundaries of the law. As a result, the courts have to defend it on their own, and that makes them vulnerable.

NOvA also praised the Cabinet for some things. For example, the right for citizens to make a mistake once strengthens the rule of law, according to the NOvA. This also applies to the space that the Cabinet wants to give the courts to test whether a law is following the Constitution.

The Cabinet almost did not come about due to concerns from the NSC about the way the PVV, in particular, deals with the rule of law. The coalition eventually made agreements about respecting the democratic rules, but internal contradictions have continued to flare up.

Opposition parties like D66 and ChristenUnie have been asking parliamentary questions and want a debate about the warnings of the Bar Association.