Asylum proposals from PVV, FVD, and JA21 raise serious rule-of-law concerns, lawyers say

The Partij voor de Vrijheid (PVV) and Forum voor Democratie (FVD) have the most plans that undermine the rule of law, according to the Dutch Bar Association (NOvA). After examining all election manifestos, the association issued 33 red flags for Forum and 30 for the PVV. The lawyers highlighted that many of these parties’ proposals on asylum policy raise serious rule-of-law concerns.

The NOvA tasked an independent committee with scrutinizing the election manifestos of all parties in the Tweede Kamer. The committee assessed whether the proposals uphold three core rule-of-law principles: government reliability for citizens, respect for fundamental rights and freedoms, and access to an impartial judiciary.

NOvA sees a “worrying development” since 2012, when election programs were first reviewed. Back then, only two programs were found to contain proposals conflicting with the rule of law. Today, 12 out of the 15 manifestos assessed include such measures.

Other parties frequently flagged include JA21 (14), BBB (13), SGP (13), and VVD (9). NSC received three red flags, despite the party emphasizing the rule of law as a core principle. CDA, ChristenUnie, DENK, D66, and SP each had one proposal considered contrary to the rule of law. GroenLinks-PvdA, the Partij voor de Dieren, and Volt were the only parties to receive no red flags.

Examples of proposals deemed contrary to the rule of law include BBB’s plan to cap the number of asylum seekers and FVD, JA21, and PVV’s calls for a total asylum ban.

The NOvA notes that these measures conflict with international treaties, which prohibit returning asylum seekers to countries where they may face danger. NSC and VVD’s proposals to scale back housing for disruptive asylum seekers are also considered inconsistent with international obligations.

NoVA also assigned yellow flags to proposals that could threaten the rule of law. Every party assessed received at least one yellow flag, and many received several. The lawyers specifically highlighted plans from BBB, ChristenUnie, CDA, and VVD to roll back privacy legislation in order to facilitate greater information sharing.

The committee also highlighted positive measures. Parties that support allowing courts to review the constitution are awarded a green flag.

VVD leader Dilan Yesilgoz-Zegerius said that she is “very proud” of the proposals the NovA flagged as undermining the rule of law. Speaking on BNR Nieuwsradio about the new report evaluating election programs, she said the measures are designed to strengthen, not weaken, the rule of law.

One VVD proposal, aimed at tightening oversight of lawyers who represent criminal ringleaders, is meant, according to Yeşilgöz-Zegerius, “to prevent criminals from issuing murder orders from prison.” She emphasized that the plan is intended to protect lawyers and journalists. “I understand that lawyers may dislike this, but if I followed their advice, I couldn’t safeguard their colleagues,” she said.