Parliament backs D66 plan to curb Justice Minister’s power over prosecutions

A parliamentary majority has backed a D66 proposal to remove the Minister of Justice’s authority to direct the Public Prosecution Service (OM) to pursue prosecutions. It was already clear that GL-PvdA, CDA, SP, and FVD supported the plan, and Partij voor de Dieren (PvdD), Volt, DENK, and Christenunie also voted in favor on Tuesday afternoon.

Justice ministers have seldom exercised the power to direct the OM on whether to pursue a case. D66’s Joost Sneller, however, wants to ensure that future ministers cannot abuse this authority. The MP said that confidence in the continued functioning of the rule of law “is no longer taken for granted.”

In last week’s debate, he pointed out that U.S. President Donald Trump often pushes for prosecutions against political opponents, and that the rule of law faces similar pressures in Poland and Hungary.

The PvdD cites concerns about “unwanted political interference” and plans to support the legislation. “It will strengthen the independence of the OM and lower the risk of political meddling. Many other European countries have already taken this step,” the party spokesperson said.

During the debate, caretaker Justice Minister Foort van Oosten voiced his opposition to the private member’s bill. He argued that it would prevent the Tweede Kamer, the lower house of Dutch parliament, from being able to hold the minister responsible for actions taken by the OM.

The minister argued that the D66 plan would make oversight more difficult, as it would prevent him from compelling the OM to share information on specific cases. Sneller reassured during the debate that the OM could still provide information voluntarily. Van Oosten, however, read the bill as effectively blocking any information sharing. To alleviate this concern, the D66 MP made a small amendment to his proposal.

The parties that voted in favor represent 39 of the 75 senators in the Eerste Kamer, the Dutch Senate, where the law will now be sent for approval. The PVV, VVD, JA21, BBB, SGP, and 50Plus voted against the proposal. Together, they represent 31 of the Senate seats. They would likely get support from at least one of the five other parties with just one seat in the Eerste Kamer.