Dutch MPs Consider Curbing Minister's Prosecution Powers

D66, GroenLinks-PvdA, NSC and the SP have indicated their support for a bill that would remove the Minister of Justice and Security's ability to direct the Public Prosecution Service (OM) to prosecute or refrain from prosecuting any individual. D66 MP Joost Sneller created the document, which aims to safeguard against future politically motivated involvement from the minister in the execution of justice decisions. While the ministerial authority has never been invoked, supporters highlighted how it has the potential to be manipulated politically. They brought up examples from places such as Hungary and the USA, where the question of politically charged justice has been brought into question.

2 months Ago


Concerns about Political Interference
SP MP Michiel van Nispen described the prosecution of Geert Wilders in a high-profile hate speech case—which stemmed from his "fewer Moroccans" comments—as an instance where the political realm might influence judicial proceedings. Van Nispen noted, "There probably shouldn't be cronyism in the courtroom; protection for political buddies." However, BBB MP Marieke Wijen-Nass dismissed the risk and responded to CDA MP Derk Boswijk's suggestion that a majority party with 76 seats could prosecute opposition by saying, "I don't think that would happen.

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Differing Opinions and What Happens Next
VVD MP Ulysse Ellian defended the system in place as one in which there are checks and balances, and that parliament (and judges) ensured parliamentary oversight of justice. He said that if the minister prosecutes, it is his prerogative, and the court's outcome is what it is, and if it is not prosecuted, parliament will hold him to account. PVV was the only major party to not attend and speak about the proposal.

Parliament will consider the legislation again in November after the elections, and as such, its chances of proceeding are unknown..

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