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Source: Government of the Netherlands

News item | 04-09-2023 | 15:49

A new prognosis indicates a net influx of 325 refugees from Ukraine per week. While this is lower than the prognosis of last spring, the number of refugees keeps increasing.

The situation in Ukraine situation is and will remain unpredictable, which means that we will have to continue to take into account an unexpected increase of the influx. It is therefore important for municipalities and security regions to ensure sufficient reception places, so that reception will also be possible for refugees from Ukraine in the near future.

A new prognosis for the influx of refugees from the Ukraine is expected in early 2024. At that time, the government will consider an adjustment of the expected number.

Source: Government of the Netherlands

News item | 29-08-2023 | 15:50

Update: Third-country nationals are permitted to remain in the Netherlands until the Council of State issues a final ruling on the appeal. The State Secretary for Justice and Security announced this in a letter to the House of Representatives on 2 September 2023. Third-country nationals will receive a letter from the Immigration and Naturalisation Service (IND) regarding this decision. They also retain the right to accommodation, living allowance and employment.

Just after Russia’s military action in Ukraine, the Netherlands opened its doors to fugitives from Ukraine, including third country nationals holding a temporary residence permit there for, for example, work, study or asylum. The Netherlands was one of the few European countries to do so.

State Secretary Eric van der Burg:

The majority of the third country nationals who fled Ukraine can, in principle, return to their country of origin. If the third country national fears violence or prosecution in their country of origin, they can apply for asylum here. For this reason, the government decided in the summer of 2022 to end the temporary protection for this group as of 4 September.

Asylum application

Over the last few months, IND has started processing asylum applications of third country nationals who indicated that they wish to stay in the Netherlands. Two groups were given priority in this respect: third country nationals from countries that are considered safe and asylum applications that are likely to succeed, filed by people from Yemen and Syria.

Approximately 700 third country nationals for whom the Temporary Protection Directive no longer applies, have indicated that they wish to go ahead with the asylum procedure. It is possible that more people will still apply for asylum. Third country nationals whose asylum application is being processed or still needs to be processed will be transferred to COA (Central Agency for the Reception of Asylum Seekers) in phases in the period starting 6 weeks prior to 4 September and ending 6 weeks after 4 September.

Third country nationals whose asylum application is being processed are subject to the same work rules as other asylum seekers. They can work for no more than 24 weeks per year. Any third country national who decides to still apply for asylum after 4 September will need to file a new application for asylum and will subsequently need to wait 6 months before they are allowed to work.

Leaving the Netherlands

Third country nationals who do not apply for asylum or whose asylum application has been denied, must leave the Netherlands within 28 days after 4 September. The Return and Departure Service (Dienst Terugkeer en Vertrek; “DT&V”) can provide (financial) return support to this group. Municipalities can offer accommodation to third country nationals during these 28 days.

Third country nationals who fail to independently leave the Netherlands, are residing in the Netherlands unlawfully and can therefore be stopped by the foreign police and possibly be detained pending removal.

Legal assessment

A number of third country nationals have appealed the IND’s decision to end their protection under the Temporary Protection Directive. Rotterdam District Court has been the first court to render judgment in this matter and has ruled that ending the temporary protection of this group of people is possible and is lawful. The temporary protection will therefore not be extended for third country nationals again, as this would raise false hope and would slow down the process. The temporary protection of the third country nationals who have appealed the decision will also end on 4 September and they must leave the Netherlands then, unless the court rules otherwise.

Source: Government of the Netherlands

News item | 03-07-2023 | 14:01

Four inspectorates have been investigating the death of a youth after he escaped and took two employees of Den Hey-Acker hostage in January of last year. These inspectorates include the Inspectorate of Justice and Security, the Health and Youth Care Inspectorate, the Education Inspectorate and the Netherlands Labour Authority. In April of last year, another prisoner was stabbed at Den Hey-Acker and later died.

‘I consider two such serious incidents from a high-security youth prison unacceptable. That this all happened within a short time in the same youth offenders institution is alarming,’ Weerwind wrote to the House. ‘I am fully aware that staff daily work with the target group under difficult circumstances and that risks are involved, yet I also take seriously the stern conclusions and we must reduce the risk of this happening again in the future.’

Measures

Following the incidents, measures were taken by the board in April to improve safety for staff and youths. These include banning sharp knives and better guidance for staff to determine when a youth may use a knife during educational activities. In addition, staff will receive new instructions on how to detect contraband and criminal acts in custody. Resilience training will be expanded.

At Den Hey-Acker, a new method of preparing files and reporting is now being used. The exchange of information within teams with different specialties has also been improved. Staff from all government youth offenders institutions hold more frequent meetings to exchange experiences and learn from one another. As a result, they gain greater awareness of their safety and can act more effectively.

Leave

In the investigation into the escape, the inspectorates concluded that the build-up of unaccompanied leave was very rapid, while the risks were still high. In view of this, the Custodial Institutions Agency and the Ministry will assess whether youth are being permitted to take leave too soon. Internal safety is also being examined for staff in terms of aggression and violence.

The inspectorates are conducting intensive supervision of youth offenders institutions. Following recommendations from the inspections, more measures have been taken that contribute to safety. In early February, the Minister already announced that three staff members per residential group will henceforth be scheduled to improve prison staffing levels. Due to a staff shortage, qualified temporary workers are being used, but on a limited basis. As advised by the inspectorates, temporary workers can now access files.

Source: Government of the Netherlands

News item | 03-07-2023 | 13:59

Minister Yeşilgöz-Zegerius of Justice and Security is writing to the House of Representatives today that she is working on this. In this way she also responds to the investigation “Outlines of the fight against mafia criminality in Italy – an exploratory study for the debate about the fight against criminal alliances in the Netherlands of the Dutch Research and Documentation Centre (WODC) led by Dr. Laura Peters, LLM.

“We can no longer afford to be naive. There is talk about Italian conditions, but here we are confronted with devastating organized crime every day. Explosions in residential areas, young people are recruited for drugs criminality, farmers put under pressure to allow their sheds to be used for drug laboratories, our society and open economy are corrupted. And the people who thwart criminals – including mayors, judges, lawyers and journalists – cannot live without protection. If we want to maintain our safe state under the rule of law, we must make a fist as a community and act forcefully where boundaries are crossed’,

according to minister Yeşilgöz-Zegerius of Justice and Security.

Italian mafia approach

In the past decades Italy has unfortunately gained a lot of experience in the approach to intimidating and violent practices of mafiosi criminal organizations. The turning point came approximately thirty years ago with the horrendous murders of the two investigating judges Falcone and Borsellino. After these shocking events a fundamental change occurred. More than ever society turned against everything that had something to do with the mafia and measures were taken with great energy. Although the characteristic elements of the Italian anti-mafia approach cannot simply be applied (in full) in the Netherlands, they do offer inspiration.

According to minister Yeşilgöz-Zegerius the most important lesson is the united front of Italian society, which means that it is stronger in the fight against organized crime. In Dutch detection a shift is already being made from the focus on individual heavyweights in criminality to the joint dismantlement of criminal power structures with all organizations concerned in the criminal law chain. The Minister wishes to pursue this further by investing in investigation capacity and increased coordination in the approach to criminal power structures.

In addition, Italy is working with shortened proceedings and the proceeds of crime are confiscated effectively. Work is also done on this in the Netherlands. In that way a legal framework is being prepared for procedural arrangements. Besides minister Yeşilgöz-Zegerius expects to submit a legislative proposal to the House of Representatives later in 2023, as a result of which confiscation of property without a conviction will be possible if it is plausible that goods and money have come from a crime. Recently a first pilot was started with social reallocation of seized criminal property, with which a learning workshop for local young people was opened in a district of Schiedam.

Crown witness scheme

The crown witness scheme is a heavy instrument that is applied cautiously. It may, however, be crucial in detection to breach the screens with which criminal networks are surrounded and to trace information about the modus operandi of criminal power structures. Deals with crown witnesses are only made if that is justified from the perspective of their safety, their surroundings and officials involved. The instrument will be improved in the coming period.

To be able to apply lessons from the report of the Investigation Council for Safety in connection with the murders of the brother, the then lawyer Derk Wiersum and confidential advisor Peter R. de Vries of the Crown witness in the Marengo trial before all improvements have been implemented, the Public Prosecution Service has activated a plan of action. In that connection ongoing and completed crown witness routes have been analyzed and acute improvements have been implemented in anticipation of new legislation and regulations. In that way from the very first moment that a talk is held with a potential crown witness, the protective measures needed are immediately mapped.

A witness protection agreement with a criminal is a business deal and it should be accompanied by strict arrangements according to minister Yeşilgöz-Zegerius. For this purpose, she wants to lay out a framework with laws and regulations up front. It is also examined how this has been arranged legally in other countries. It must be clear to everyone what standardized arrangements apply. If a crown witness gradually fails to comply with the arrangements, a crown witness deal may be dissolved by the State unilaterally. The framework that is being elaborated concerns the protective measures to be taken, the rights and duties of the State and those of the persons to be protected and contributions to the cost of living.

Apart from the internal testing of the crown witness deal surrounding a criminal trial, there must also be an independent test of the witness protection agreement. It is still being investigated who is going to perform this test. Consideration is given to an examining magistrate, another independent judge or an independent committee. The object is more transparency, but this requires great caution. After all, the witness protection agreement contains very sensitive information that may endanger all those concerned if it becomes more widely known. In the elaboration of legislation and regulations the minister will also include the investigation of the Procurator General at the Supreme Court on the subject, which is expected before the end of the year.

Punishment for serious drug crimes

In the past decades organized crime has changed and hardened enormously. The Netherlands has developed into a major producer of synthetic drugs and a transit country of hard drugs. Drugs and criminal capital cross the country borders with extreme speed. Ruthless violence is used if anything stands in the way of the criminals. According to minister Yeşilgöz-Zegerius punishment is the final piece alongside detection and arresting criminals as much as possible. It is especially the investigative services that strike heavy blows in rounding up criminal networks thanks to the hacking of encrypted communication services such as EncroChat, SkyECC and recently Exclu.

In that connection it is important that sufficient possibilities exist to act in a clearly normative way in the case of the most serious forms of organized crime. To give more space to this the maximum sentences for serious drug crimes will be raised; for possession of hard drugs from 6 to 8 years, for dealing and producing hard drugs from 8 to 12 years, for import and export of hard drugs from 12 to 16 years and for committing preparatory acts for hard drug crimes from 6 to 8 years. It is expected that consultation concerning the legislative proposal can take place in the coming autumn.

Source: Government of the Netherlands

News item | 30-06-2023 | 14:08

Responsible surrogacy

Parents are now often required to follow long and uncertain procedures before they can formally become the child’s parents. This generates uncertainty for the child, the surrogate mother and the intended parents. With this bill, the minister aims to regulate responsible surrogacy. When the new regulation is in place, a judge can decide even before conception that the intended parents are the child’s legal guardians immediately from birth. A register will also be established to record information regarding the surrogacy process, so that the child can later see details such as the agreements made between surrogate mother and intended parents. It will also stipulate the amount of compensation that intended parents are allowed to pay for the surrogate mother – for expenses such as maternity clothes, for example – and the amount of compensation.

Minister Weerwind: “With this legislation, we will first and foremost ensure that children born from surrogacy will have a good start, from a legal perspective. This will enable surrogate mothers and intended parents to have a clear understanding of the situation. With a legal regulation for surrogacy, we give intended parents a clear framework, so they know what to be aware of and what is important. It is up to the intended parents to make responsible choices in the interest of their future child.”

International surrogacy

Intended parents following a surrogacy process abroad can also invoke this legislation. If similar conditions that are imposed on the process in the Netherlands are met, parenthood can be acknowledged immediately, just as for intended parents who went through the process in the Netherlands.

One condition that such a surrogacy process must meet, for example, is that a judicial review has been involved. In addition, the child must have a genetic link to at least one of the intended parents. Additionally, the intended parents must have received counselling and information.

The bill will be debated by the Lower and Upper Houses of Parliament

Source: Government of the Netherlands

News item | 29-06-2023 | 15:00

Minister Weerwind: “Lawyers have an indispensable role in the rule of law. They constitute essential access to the law. As a society we must be able to rely on lawyers fulfilling this special role, including all associated rights and obligations. Adequate supervision of the Bar is important, therefore. Moreover, current events make it clear that the profession is under great pressure. With the Independent Bar Regulator, there will be central and clear supervision. A careful balance in the organisation of the Regulator between an independent Bar and an independent government and substantive knowledge of regulation and of the Bar has been created.”

Independent of the government

The Regulator will have an independent position vis-à-vis the government. For example, the Minister has no role in appointments, adopting the budget and the daily course of business, and decisions of the Independent Bar Regulator cannot be annulled by Royal Decree. The board of the Regulator independently makes decisions and has independent access to staff, finances, housing and IT. In addition, the Regulator is given the opportunity to file a disciplinary complaint with the disciplinary court or impose a fine or an order subject to a penalty. Lawyers cannot invoke their duty of confidentiality vis-à-vis the Regulator, because the Regulator is given a similar duty of confidentiality, as well as the right of non-disclosure.

Independent of the Bar

The Independent Bar-Regulator will be a body of the public-law professional organisation the Dutch Bar Association but carries out its work as a regulatory body independently of the Bar. The Regulatory Board will have 5 members, with the majority of the board members, as well as the president, not being a lawyer. The board members will be appointed by an appointments advisory committee, consisting of 1 representative of the Bar, 1 research or regulatory representative and 1 member of a High Council of State. The existing Supervisory Board will have a different role and its composition will change. The general president will no longer be a part of this Supervisory Board. Instead, the Supervisory Board will consist of 3 members appointed by the Crown. The Supervisory Board will publicly report on the policies and the general course of affairs of the Independent Bar Regulator and approve the budget for the Regulator.

Reporting centre

There will be 1 central reporting centre the Independent Bar Regulator, which will receive all information, alerts and complaints about lawyers. The Regulator will refer complaints to the local deans to be handled there. It will be regulated by law that the Regulator and local deans may exchange information with each other for the purpose of handling complaints. In addition to handling complaints, the local deans also remain president of the local bar association and confidential adviser. The dean will also continue to provide information to lawyers.

Regarding the development of the bill announced today, Minister Weerwind has had advice from 3 professors and held discussions with many parties, including the Dutch Bar Association and the local deans, on how regulation may be strengthened. Minister Weerwind will soon develop the bill into legislation and is in consultation with the legal profession on the transition to the new Regulator.

Source: Government of the Netherlands

News item | 29-06-2023 | 13:52

Amendment to the Penal Code in connection with the increase of the maximum sentence for manslaughter

As of 1 July, the maximum prison sentence for manslaughter will be increased from 15 to 25 years. In 2006, an amendment to the Criminal Maximum Sentence Reassessment Act (Wet herijking wettelijke strafmaxima) increased the maximum term of temporary imprisonment as an alternative to life imprisonment from 20 to 30 years, for the purposes of reducing the gap between this sentence and life imprisonment. As a result, the maximum sentence for homicide was increased to 30 years. Raising the maximum for manslaughter to 25 years restores the balance between manslaughter and homicide. The difference in the maximum sentence will again amount to 5 years, as per the original difference. This increases the discretionary powers of judges to sentence appropriately in very severe manslaughter cases, if necessary.

Criminalisation of possession of instructional materials on the sexual abuse of children

The Penal Code will be broadened by the addition of a new criminal provision that independently criminalises preparatory acts with the intention of sexually abusing children. This criminalisation will prohibit the distribution, acquisition or possession of a manual containing tips and tricks for the sexual abuse of children. The offence will be punishable by a term of imprisonment of no more than four years.

Bill against marital captivity

The bill to counter marital captivity enables the court to provide for an arrangement ordering a spouse to cooperate in the dissolution of a religious marriage during divorce proceedings. The law also stipulates that, in principle, marriage partners are obliged to cooperate with the dissolution of a religious marriage should the other partner requests this. With this, the government aims to combat marital captivity.

Decree on random advertising for remote gambling

As of 1 July, random advertising for online gambling will be banned. The ban aims to better protect vulnerable groups, including youth, from the risk of gambling addiction. Summarily put, the advertising for online gambling banned as of 1 July relates to radio and TV commercials and billboards in the street. Targeted advertising may still be shown on the internet under strict conditions.

Decree on adjustment of statutory interest

As of 1 July, the statutory interest rate will be adjusted from 4% to 6%. Statutory interest is compensation for non-payment or late payment of a monetary claim. Unpaid claims may be increased by statutory interest. Citizens with claims receive statutory interest as compensation; citizens with debts pay statutory interest as compensation for non-payment. By law, the level of statutory interest must be assessed every six months based on the ECB rate. This has risen by more than 2% since the previous increase. The statutory interest rate is therefore now also increased by 2%.

Amendment of the Judicial Officers (Legal Status) Act in connection with the amendment of the consensus requirement in article 51 of the Wrra

The consensus requirement and many general substantive provisions in the Judicial Officers (Legal Status) Act (Wet rechtspositie rechterlijke ambtenaren; “Wrra”), have ceased to be applicable. The consensus requirement stipulates that amendments to a legal status regulation, insofar as a judicial official can derive rights and obligations from it, are only implemented if an agreement is reached on them with the Judiciary Sector Committee (Sectorcommissie rechterlijke macht). The legal status of the individual judicial official is not affected by this requirement no longer being applicable, as this involves a technical transposition into law.

Source: Government of the Netherlands

News item | 13-03-2020 | 22:49

The coronavirus (COVID-19) outbreak may lead to situations in which teaching will need to be organised differently, because there are fewer pupils, students, teachers and support staff.

In these situations, priority will be given to:

• Lessons for secondary schools pupils and students at schools for secondary vocational education preparing for their leaving examinations;
• lessons for pupils in the final year of primary school preparing for secondary school;
• teaching and childcare for the children of parents who need to be able to continue working, for example healthcare and emergency workers.

If children and young people have to stay at home, teaching will be organised for them too, wherever possible. Schools will receive help in continuing to provide the best possible education in the circumstances. Some lessons can be given online, enabling schools to respond to the recommendations issued on 12 March.

The coronavirus crisis and the measures to deal with it have led to much concern and an emotional response among schools and parents. Mr Slob and Ms Van Engelshoven understand people’s concerns. In a bid to provide more clarity on what these measures will mean for schools, they have entered into talks with the sector councils and trade unions.

Distance learning, regional cooperation and facilitation of teachers and support staff on whom even greater demands are no being placed, are some the issues the education ministers will be exploring and fleshing out together with the sector councils and trade unions. Secondary vocational education institutions have offered to look at how students can help provide childcare, particularly for the children of parents who have to go to work.

Source: Government of the Netherlands

News item | 15-01-2016 | 14:30

The plan is based on the government’s Business Monitor 2012-2015, which shows that although the gender ratio on company boards has improved slightly since 2015, it still fails to do justice to the wealth of female talent available. The government attaches great importance to a balanced distribution of seats on company boards, and wants to actively boost the percentage of women to prevent so much talent going to waste. The statutory target applies to 4,900 companies.

A balanced distribution would mean that at least 30% of the seats are held by women and 30% by men. If this target is not met, an explanation must be given in the directors’ report. Under the new bill, the target ratio – which lapsed on 1 January 2016 – will be extended to 31 December 2019. There will be a review in the spring of 2017 to track progress, followed by an audit in 2019.

The intention to extend the statutory target for gender balance on company boards was announced in a letter that the education minister sent to parliament on 16 November 2015, which discussed the results of the Business Monitor 2012-2015, as presented by the Talent to the Top Monitoring Commission.

The cabinet has agreed to submit the bill to the Council of State for an advisory opinion. The bill and the advisory opinion will be published when they are presented to the House of Representatives.

Source: Government of the Netherlands

News item | 14-07-2023 | 14:51

Minister Yeşilgöz-Zegerius:

“Denial of these kinds of heinous crimes against humanity is unfortunately commonplace. For example, we regularly see the monster of anti-Semitism rearing its head. This concerns me tremendously and should not be left unaddressed, as the lesson of the Holocaust is not just a history lesson. It is a lesson affecting the here and now. It is a lesson on discrimination, exclusion and ultimately: annihilation. It is a lesson on humanity and compassion. It is about good and evil, and speaking up when you witness a shift from one to the other. Let us continue to tell these stories, as the victims of these crimes are increasingly unable to do so themselves. Not timidly and in whispers, but confidently and with conviction.”

With this specific criminal prohibition, the cabinet is implementing European obligations to explicitly criminalize certain forms of publicly condoning, denying or substantially trivializing genocide, crimes against humanity and war crimes. Insulting forms of condoning, denying or trivializing these international crimes will be punishable by a maximum prison sentence of 1 year. The prohibition is a component of the Bill to re-implement European criminal law.