The Council of State warns of eroding democratic norms in the Netherlands

The Council of State, the Netherlands’ top advisory body and highest administrative court, issued a warning Thursday: Dutch democracy is under mounting pressure and needs urgent reinforcement to prevent further decline. In its 2024 annual report, the Council stressed that democracy is not merely majority rule—it demands constant maintenance, particularly in an era of rising domestic and international threats.

“Democracy is so much more than the rule of the majority,” the Council wrote in its general reflection. “A strong democracy protects minorities, upholds fundamental rights, respects the rule of law, and preserves space for public debate.”

Titled Powerful and Vulnerable, the report argues that democracy’s strength—its openness—is also its vulnerability. That openness, the Council warns, is increasingly exploited by those who seek to reduce democracy to raw majority power.

“In many democracies, autocratic tendencies are becoming visible,” the report states. “To counter dangerous misuses of democratic systems and rising authoritarianism, strong safeguards must protect the rule of law and a clear democratic ethos.”

The Council’s report does not mention specific names or parties, likely due to its constitutional role as both a cabinet adviser and judicial body. But it comes amid political turbulence in the Netherlands. In 2024, the far-right PVV entered government for the first time, leading a coalition with VVD, NSC, and BBB.

One coalition proposal—invoking emergency legislation to fast-track asylum policy—was dropped after sharp objections from NSC. The measure would have bypassed the Tweede Kamer and Eerste Kamer. While the Council does not refer to this directly, the report’s timing and tone reflect deep concern.

Central to the report is the call for a “democratic ethos”—a culture of responsibility and respect that supports democratic governance. Institutions such as the courts, media, and academia must be shielded and strengthened, but the Council emphasized that public participation is equally vital. “A democracy must be resilient,” the Council warned. “It must guard against subversion and decay.”

“A functioning democracy depends on democratic citizenship,” the report reads. “That starts with political and institutional leadership and must be taught in schools.”

The Council warns that while rules and institutions may bend under pressure, a resilient democratic culture can help society weather political storms. Democracy, it said, is a work in progress. “The Dutch democracy is under pressure and at risk. That should alarm us—but also drive efforts to strengthen it.”

The Council also released detailed data on its advisory and judicial activities. Its Advisory Division received 330 requests for advice in 2024, a steep drop from nearly 400 in 2022. The decline is likely due to the year’s unusual political calendar: a caretaker cabinet in the first half, followed by a new cabinet still ramping up.

Despite the slowdown, the division issued 351 advisory opinions, with an average delivery time of 49 days—comparable to 2023. Over 66 percent of advice was issued within two months, and more than 83 percent within three. About 60 percent of advice carried no comments, while 7.1 percent was negative.

The Council’s Administrative Jurisdiction Division reported a significant uptick in legal cases. It resolved more than 10,500 cases in 2024, 1,200 more than the previous year. Incoming cases rose by 700 to roughly 11,100.

The Omgevingskamer, which handles environmental and spatial planning cases, saw over 3,000 new filings, up 340 from 2023. The Algemene kamer and Vreemdelingenkamer also reported increased volume.

In the Vreemdelingenkamer, responsible for immigration cases, closures (6,210) exceeded new filings (6,084). However, the average case processing time rose overall to 34 weeks. While the Vreemdelingenkamer held steady at 19 weeks, processing times increased by five weeks in the Omgevingskamer and nine weeks in the Algemene kamer. The Council blamed the delays on growing case complexity and a tight labor market limiting legal staffing.