Netherlands

Abstract

This report first addresses four major constitutional developments in part II: 1. the ‘childcare benefits scandal’ which resulted in the resignation of government Rutte III; 2. the impact of COVID-19 measures on constitutional rights, freedoms and democratic scrutiny; 3. the ‘dikastocracy’ debate on the role of the judiciary and 4. proposals for constitutional amendment following the advice of the State Commission on the Parliamentary System. Because Article 120 of the Dutch Constitution forbids the constitutional review of Acts of Parliament by the judiciary, this report does not include ‘traditional’ constitutional case law of decisions rendered by a Constitutional Court. There were nevertheless judgments rendered in 2020 in the Netherlands with a constitutional impact that is relevant to an international audience. Part III discusses these judgments as follows: 1. the judgement in the case the State v. Wilders, concerning the freedom of expression of politicians; 2. the judgment of the Court of Appeal to forbid and dissolve the Hells Angels Motor Cycle Club to protect democracy; 3. the Supreme Court judgment in the case of female foreign ISIS fighters v. the State, which invoked a question of separation of powers, and 4. a ruling of the District Court on the algorithmic risk model ‘System Risk Indication’(SyRI). We conclude in part IV by looking ahead towards 2021.