Netherlands' right-wing coalition government found to have violated rule of law in immigration program

By Selman Aksunger

THE HAGUE (AA) – The program of the Netherlands' right-wing coalition government led by the far-right Party for Freedom (PVV) violated the rule of law in terms of immigration policy, local authorities said on Thursday.

An independent commission formed at the request of the Dutch Bar Association to review the government's immigration policy from a legal standpoint found that the program, particularly in terms of refugee policies, violated rule of law principles in at least nine areas.

The Dutch Bar Association stated in response to the commission's report that the government's program "reflects a state approach aimed at systematically preventing certain individuals' access to law and justice."

The statement noted: "The foundations of the rule of law are being shaken here.”

“Despite all its fine declarations, the government cannot fully claim to be a state governed by the rule of law in this manner," it added.

The commission reportedly described the government's plan to use emergency powers on migration and asylum issues as a "foreseeable abuse of authority."

The statement assessed that "activating the exceptional provision of the Aliens Act is unacceptable from the perspective of a democratic rule of law" and deemed the government's decisions to "halt asylum applications" and further worsen the conditions of refugee shelters as violations of the rule of law.

Additionally, it emphasized that "adequate access to the law is especially crucial for economically vulnerable individuals in a rule of law" and criticized the lack of concrete measures to counter the decline in civil society advocacy.

In addition, the commission identified some positive steps in the government's program, such as the plan to introduce a "right to make mistakes," which was viewed as a component that could strengthen the rule of law.

This was the first time the Dutch Bar Association commissioned such a review of a government program, whereas previously only election programs were subject to similar scrutiny.

- Declaring state of emergency to tackle refugee crisis

The coalition government, which recently unveiled its new program to the Cabinet, is preparing to declare a state of emergency to implement stricter measures to address the refugee crisis and withdraw from EU regulations.

The government program outlines that the state of emergency would allow the Cabinet to issue legal regulations without consulting parliament, as well as new conditions for those seeking family reunification, including the requirement to work in a regular job with a sufficient income in the Netherlands and to have lived in a residence for at least two years.

Additionally, it was noted that children over the age of 18 would no longer be eligible for family reunification.

The program further highlighted that renewed asylum applications would be subjected to stricter scrutiny due to changing circumstances and that applications from refugees who did not attend a hearing or appointment could be denied.

The program mentioned that the policy of forcibly distributing refugees across municipalities would be abandoned, and those who did not have residence permits would be deported.

It also touched on the plans to increase border controls and change the requirement for permanent residency, extending it from 5 years of continuous residence to 10 years.

The fourth Rutte government in the Netherlands, led by former Prime Minister Mark Rutte, resigned on July 7, 2023, after failing to reach an agreement on refugee policies.

Following early elections on Nov. 22 of last year, the far-right Party for Freedom (PVV) led by Geert Wilders emerged as the leading party.

*Writing by Merve Berker