COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in the Netherlands Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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EUROPEAN
COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 519 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in the Netherlands
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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ABSTRACT
The justice system of the Netherlands continues to be characterised by a high level of perceived
judicial independence, and reforms to further strengthen judicial independence are expected to
move forward, including as regards the appointment procedures of members of the Supreme
Court and of the Council for the Judiciary. As regards quality of justice, efforts to improve the
level of digitalisation of the justice system continue and more jurisprudence is to be published
online. Additional funds are being allocated to the system for legal aid, and the Government
has announced the reduction of court fees for citizens and SMEs. The efficiency of the justice
system remains high overall but has somewhat declined for first-instance administrative cases.
Backlogs in criminal cases due to the COVID-19 pandemic have been reduced significantly,
while some concerns remain regarding elements of the approach.
The Netherlands continues to be perceived as one of the least corrupt countries in
the EU and the world. Multiple networks ensure coordination of the anti-corruption policy
across the Government. Combating the infiltration of public institutions through corruption
remains a strategic priority for the authorities as part of their programme on combatting
subversive organised crime. Investigation and prosecution of corruption cases are effective,
although some obstacles are reported when handling foreign bribery cases. Legislation on the
screening of police officers and external consultants hired by the police during their career has
not yet entered into force, as implementing legislation remains pending. Developments are
ongoing in relation to the integrity framework of the police, with new structures being set up.
Changes to the integrity framework for local administrations are pending. The development of
an overall code of conduct for ministers and state secretaries is planned, as well as a legal
revision aimed to introduce stricter rules on revolving doors for these positions. The scope of
the lobbying ban for former Government members was extended to include additional areas of
responsibility, while the revision of political party financing legislation remains pending.
Constitutional and legislative safeguards continue to underpin a high level of media freedom
in the Netherlands, including through a functionally independent media regulator and a high
level of independence of public service media governance and funding. The Open Government
Act extends the scope of the right of access to information to constitutional bodies and broadens
the type of public documents which should be proactively disclosed, while providing for
shorter deadlines for responding to requests. The challenges previously identified with regard
to transparency of media ownership and market concentration persist. The safety of individual
journalists is an issue of concern, which the Government has continued to address in a
determined manner. The Government continued to provide subsidies to mitigate the impact of
the COVID-19 pandemic on the media until December 2021 and the pandemic has not had a
significant adverse impact on the media market.
All three state powers are engaged in the follow-up to the childcare allowances affair, and
measures are envisaged to provide compensation and prevent similar situations from emerging
in the future. A State Commission on the functioning of the rule of law is being established,
and amendments to strengthen the rule of law in the Constitution were recently adopted.
Legislation is being prepared to introduce a permanent legal basis for adopting crisis measures.
The landscape for civil society organisations continues to be open, although some concerns
remain regarding new legislation applicable to them.
2
RECOMMENDATIONS
It is recommended to the Netherlands to:
 Continue efforts to improve the level of digitalisation of the justice system, in particular as
regards publication of judgments and digital solutions for court proceedings.
 Complete the revision of rules on revolving doors involving former ministers and state
secretaries, including a two-year cooling-off period and restrictions on paid activities.
 Adopt a Code of Conduct for ministers and state secretaries including rules on gifts,
secondary activities and lobbying, as well as effective monitoring and sanctioning.
 Continue efforts to ensure a comprehensive follow-up to the childcare allowances affair to
address the potential structural issues, involving all relevant state authorities.
3
I. JUSTICE SYSTEM
The justice system is based on a court system composed of 11 district courts, 4 general courts
of appeal, 2 specialised courts1
, the Administrative Jurisdiction Division of the Council of
State2
and a Supreme Court. An independent Council for the Judiciary plays a key role in
safeguarding the independence of the judiciary and is tasked with fostering the quality of the
justice system, including allocating financial resources to courts3
. Candidate judges are selected
by the National Selection Committee for Judges4
and subsequently appointed for life by the
executive5
on the proposal of the Minister of Justice6
. The prosecution service is separate from
the Ministry of Justice and Security but falls under the political responsibility of the Minister
of Justice. The Netherlands Bar is established by law. It is independent from the Government
and financed exclusively through lawyers’ annual contributions7
. The Netherlands participates
in the European Public Prosecutor’s Office (EPPO).
Independence
The level of perceived judicial independence in the Netherlands continues to be very high
among the general public but has decreased from very high to high among companies.
Overall, 77% of the general population and 72% of businesses perceive the level of
independence of courts and judges to be ‘fairly or very good’ in 20228
. According to data in
the 2022 EU Justice Scoreboard, the level has remained consistently high for the general public
since 2016, but has decreased somewhat for companies, inverting a previously positive trend.
The perceived judicial independence among the general public remains at the same level as in
2021. Among businesses, the perceived judicial independence is lower compared to 2021
(82%) and 2016 (75%).
Several reforms to further bolster judicial independence are expected to move forward9.
After the previous Government had sent a draft text to the Council of State for advice in
December 2020, the new Government committed itself in its coalition agreement to take
forward the proposed constitutional revision to amend the appointment procedure of Supreme
Court judges. Following the advice of the Council of State10
, the Government is reflecting on
1
The Central Appeal Tribunal and the Trade and Industry Appeals Tribunal.
2
The Council also has an advisory branch, which renders opinions on draft legislation.
3
This applies to 11 district courts, the 4 general courts of appeal and the 2 specialised courts. Law on Judicial
Organisation. The Council for the Judiciary also gives advisory opinions on draft legislation.
4
The National Selection Committee for Judges is composed of six judges and six non-judge members, among
which at least one public prosecutor and one attorney.
5
The appointment decision is adopted by Royal Decree, which is signed by the King and countersigned by the
Minister of Justice and Security. The Minister solely verifies if the applicant fulfils the legal requirements to
be appointed, and the Minister has in all cases followed the recommendation by the Council for the Judiciary.
6
This procedure applies to candidate judges for the eleven district courts, the four general courts of appeal and
the two specialised courts. Law on the Legal Status of the Judiciary. The Council for the Judiciary has
delegated this to the National Selection Committee for Judges. The Minister of Justice and Security has in all
cases followed the recommendation by the Council for the Judiciary.
7
Law on Lawyers.
8
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good);
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
9
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 2.
10
The advice of the Council of State was issued in April 2021, and has recently been made public.
4
the final form of the draft text11
. The objective of the envisaged reform is to further limit the
role of the legislative power in the appointment of Supreme Court judges12
, which is consistent
with Council of Europe recommendations13
. In addition, the Government intends to send a
legislative proposal on the integrity and independence of the judiciary to the Council of State
for advice, following an online stakeholder consultation on the draft text. The proposal aims to
abolish the possibility for judges to be members of the national or European Parliament, as
recommended by the Group of States against Corruption (GRECO)14
, and to introduce
additional rules regulating the holding and disclosure of financial interests by judges and the
implementation of an integrity policy by court management boards15
. Lastly, draft legislation
submitted by a Member of Parliament aims to abolish the power of the Minister of Justice to
instruct the prosecution service to investigate or to prosecute in an individual criminal case16
.
The objective of further reinforcing the independence of the prosecution service is consistent
with Council of Europe recommendations17
. The draft bill is currently pending in Parliament.
Amendments are being taken forward to further increase the role of the judiciary on the
appointment of court management boards and to strengthen the independence of the
Council for the Judiciary. The new appointment procedure for members of court management
boards, which aims to increase the role of judges and court staff18
, is being evaluated by the
Council for the Judiciary in wide consultation with other stakeholders. The temporary
agreement that established the new appointment procedure runs until the end of 2022, and the
evaluation will lead up to a new agreement on a procedure for future appointments. Moreover,
a fifth member will be appointed to the Council for the Judiciary19
. Whereas currently two out
of four members of the Council are judges, the intention is to reach a majority of judges on the
Council for the Judiciary by increasing the number of Council members to five, with three
judges. Discussions are also being held on a revision of the appointment procedure, with the
intention of increasing the transparency of the procedure and limiting the involvement of the
Minister of Justice in the process20
. The objective of these planned changes is to further limit
11
For a detailed description of the recommendations of the independent State Commission in this regard, see
2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3. The
Government may then decide to submit a draft law to Parliament, where it has to be approved by both
Chambers.
12
State Commission on the Parliamentary System in the Netherlands (2018), Democracy and the rule of law in
equilibrium – final report of the State Commission on the Parliamentary System in the Netherlands. See also
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 2-3 and 2020
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.
13
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47.
14
GRECO recommended that a restriction on the simultaneous holding of the office of judge and that of member
of either Chamber of Parliament be laid down in law, see GRECO, Fourth Evaluation Round – Second
Addendum to the Second Compliance Report, The Netherlands (2021), paras. 29-33.
15
Article 84(2) of the Law on Judicial Organisation provides that the Council for the Judiciary consists of at
least three and at most five members.
16
This power of the Minister of Justice to issue specific instructions to the prosecution service is accompanied
by safeguards and not used in practice, see 2020 Rule of Law Report, Country Chapter on the rule of law
situation in the Netherlands, pp. 4-5.
17
See in particular Recommendation CM/Rec(2000)19 of the Committee of Ministers of the Council of Europe.
18
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 3-4, and
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.
19
The objective of these proposed rules is to further strengthen guarantees for the independence, impartiality,
and integrity of the judiciary.
20
For a detailed description of the current appointment procedure, see 2020 Rule of Law Report, Country
Chapter on the rule of law situation in the Netherlands, pp. 3-4.
5
the influence of the executive and legislative powers on the Council for the Judiciary, which is
consistent with Council of Europe recommendations21
.
Increased efforts are made to ensure the safety of legal professionals. Following attacks on
lawyers in recent years22
and a growing perception of lack of safety among members of the
legal profession due to threats23
, the Netherlands Bar has further increased its efforts to support
lawyers in ensuring their safety. In coordination with the judiciary, prosecutors, and journalists,
the Netherlands Bar offers resilience trainings24
for lawyers as well as free safety scans of
lawyers’ office premises. An emergency notification system has also been established for
lawyers, prosecutors, and judges to notify the police in case of threats; the possibility of setting
up a refuge for professionals who have been threatened in their professional practice is being
considered25
. These initiatives should be developed further over the course of 2022 and could
serve as best practices for ensuring the independent functioning of lawyers against a
background of increasing threats to the legal profession. As regards respect for legal
professional privilege, a recent judgment in interlocutory proceedings found that in a situation
in which large amounts of emails are ordered from service providers, a real danger exists that
the right of non-disclosure could be breached by the State in criminal investigations26
. The
Netherlands Bar will be involved in the development of a new manual on how to deal with the
disclosure of sensitive information.
Quality
Efforts continue to improve the level of digitalisation of the justice system, including by
increasing the online publication rate of judgments. There remains room to improve the
level of digitalisation of the justice system, in particular regarding digital solutions to initiate,
conduct, and follow proceedings27
. Currently, less than 30% of all court proceedings are
initiated digitally, and while over 90% of criminal cases are processed digitally, this is currently
the case for less than 10% of civil and administrative cases. Various initiatives are implemented
to improve the level of digitalisation in civil, administrative, and criminal cases, on the basis
of pilot projects28
. In particular, projects are ongoing to improve the case filing system for
criminal cases within the four courts of appeal and regarding the digitalisation of seizure
requests, as well as regarding cases concerning insolvency. While the rate of online publication
of court judgments also remains relatively low29
, there are plans to increase this rate to 75% of
all judgments over the next 10 years30
. At the Supreme Court, litigants can initiate proceedings
digitally before all chambers and, consult their files electronically.
Steps have been announced to further improve various aspects of the justice system,
including access to justice. The Government coalition agreement announced the intention to
21
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para 27.
22
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15.
23
Contribution from the Netherlands Bar for the 2022 Rule of Law Report and information received from the
Netherlands Bar in the context of the country visit to the Netherlands.
24
In which a high number of lawyers has already participated.
25
If set up, this ‘Wijkplaats’ would provide a quiet shelter to share negative experiences with violence and
threats.
26
East Brabant District Court, judgment of 22 March 2022.
27
Figures 46 to 48, 2022 EU Justice Scoreboard.
28
Input from the Netherlands for the 2022 Rule of Law Report. See also 2021 Rule of Law Report, Country
Chapter on the rule of law situation in the Netherlands, pp. 3-4.
29
The current publication rate is around 4%. Input from the Netherlands for the 2022 Rule of Law Report.
30
Input from the Netherlands for the 2022 Rule of Law Report, p. 4.
6
strengthen the entire justice system and improve access to justice, including through additional
funding for criminal justice. Stakeholders have reported certain challenges regarding sufficient
human resources for the justice system31
. As regards access to justice, the coalition agreement
foresees that justice will be made more accessible to individuals and SMEs by reducing court
fees by 25%. While concrete plans to achieve this are yet to be announced, an earlier law
reduced court fees for relatively small claims from 1 January 2022 onward32
. On the other hand,
court fees for claims of over EUR 12 500 were increased. The coalition agreement also
announced the strengthening of the legal aid system, and an additional EUR 154 million is
allocated for this purpose for the year 202233
. This may help address some concerns reported
over the past years regarding the available funding for the legal aid system34
. Reflections on
the reform of the system envisaged to be completed by 2025 continue on the basis of a number
of pilot projects35
.
Pilot projects on innovative ways of administering justice continue on the basis of the Law
on Experiments in the Administration of Justice36. This law allows for temporary deviations
from legal provisions applicable to the organisation of court proceedings, facilitating pilot
projects that aim to develop innovative ways of administering justice to facilitate access to
justice for citizens37
. One example of such a pilot project is the so-called ‘proximity judge’,
which aims to provide citizens with simple access to court by omitting certain formal
requirements. Rules are under preparation by the Government together with the Council for the
Judiciary for this initiative to be carried out on a larger scale.
Efficiency
The justice system continues to perform efficiently overall at first instance while
efficiency has somewhat declined for administrative cases. The duration of proceedings for
first instance civil and commercial cases is short38
, and the clearance rate remains effective39
.
Proceedings remain lengthy at third instance, although the average duration has decreased
somewhat in 202040
. The efficiency of administrative justice has declined at first instance,
remained about equal at second instance, and improved at third instance. The rate of resolving
administrative cases at first instance gradually lowered to 86,3% in 202041
, creating some risks
of backlogs.
31
Information received in the context of the country visit to the Netherlands. See also 2020 Rule of Law Report,
Country Chapter on the rule of law situation in the Netherlands, p. 7 and Council for Public Administration,
A stronger rule of law – connecting and protecting in a pluralistic society, 15 April 2020, as regards the work
pressure to which the judiciary is subject.
32
The court fees due by legal entities for claims ranging between EUR 500 and EUR 5 000 were decreased, as
well as the court fees due by natural persons for claims ranging between EUR 500 and EUR 1 500.
33
Input from the Netherlands for the 2022 Rule of Law Report, p. 3.
34
See 2020 Rule of Law Report 2020, Country Chapter on the rule of law situation in the Netherlands, p. 4 and
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.
35
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 4 and 2021
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.
36
Experimentenwet rechtspleging.
37
However, stakeholders stress that this should not lead to circumvention of the regular process for enacting
laws on the organisation of the justice system.
38
Figure 7, 2022 EU Justice Scoreboard.
39
Respectively, 304, 465, and 344 days on average.
40
Although it decreased somewhat in 2020, to 427 on average.
41
Figure 13, 2022 EU Justice Scoreboard.
7
The backlog of criminal cases due to the COVID-19 pandemic is being reduced
significantly, while some concerns remain regarding certain elements of the approach.
The COVID-19 pandemic caused backlogs, in particular for criminal cases42
. A number of
specific measures were taken to resolve these backlogs43
. The total backlog of criminal cases
(at first instance) scheduled for trial on 31 December 2021 was 3% above the target level of 17
March 2020. At the end of 2021, the backlog to be scheduled for hearing at the courts (at second
instance) decreased overall to 25% below the target level of 17 March 2020. At the same time,
some concerns remain as to the use of the prosecution service’s power to render a decision
itself in certain criminal cases44
. As pointed out by the National Ombudsman45
, citizens should
be adequately informed in such cases of their right to judicial review and of the consequences
of such a decision by the prosecution service46
. In that regard, it is not yet the case that all
defendants can get a free consultation with a lawyer47
.
II. ANTI-CORRUPTION FRAMEWORK
Institutions active in the fight against corruption are in place in the Netherlands. The
competence to investigate and prosecute corruption is shared between several authorities,
including the National Internal Investigations Department48
(NIID) (focusing on investigation
of bribery of public officials), the Fiscal Intelligence and Investigation Service (FIOD)
(responsible for the investigation of financial crimes, including foreign and commercial
bribery), the National Prosecution Service (focusing on the prosecution of bribery of public
officials), and the prosecution service for Serious Fraud, Environmental Crime and Asset
Confiscation (responsible for the prosecution of commercial and foreign bribery). The
cooperation between specialised anti-corruption and intelligence teams within law enforcement
bodies continues.
The perception among experts and business executives is that the Netherlands is one of
the least corrupt countries in the EU and the world. In the 2021 Corruption Perception
Index by Transparency International, the Netherlands scores 82/100 and ranks 3rd
in the
42
Given that many physical hearings could not be organised between 17 March and 11 May 2020, around 16,000
criminal cases had to be postponed.
43
For a detailed description, see 2021 Rule of Law Report, Country Chapter on the rule of law situation in the
Netherlands, pp. 4-5.
44
Such decisions cannot impose a prison sentence and may be challenged before a court, see also 2020 Rule of
Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 6.
45
National Ombudsman, Proper Provision of Information is the Basis of Access to Justice – Bottlenecks in the
Provision of Information about Penalties and Dismissal Decisions, see also 2020 Rule of Law Report, Country
Chapter on the rule of law situation in the Netherlands, p. 6.
46
In particular, the fact that such a decision by the prosecution service can lead to a criminal record preventing
the citizen to obtain a ‘declaration of good conduct’, which he or she may require to obtain work in certain
sectors. In December 2021, the Ombudsman also addressed a letter to the Minister of Justice and Security and
the Minister for Legal Protection on the negative consequences for the victims of crimes that are handled in
this manner.
47
Information received from the National Ombudsman in the context of the country visit to the Netherlands.
Following concerns expressed by the Netherlands Bar and Members of Parliament, the former Minister for
Legal Protection had announced that suspects would be granted a fee consultation with a lawyer. See also 2021
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 4-5.
48
As an investigation service, the Rijksrecherche is under the authority and management of the Board of
Prosecutors General of the Netherlands Public Prosecution Service.
8
European Union and 8th
globally49
. This perception has been relatively stable50
over the past 5
years. The 2022 Special Eurobarometer on Corruption shows that 50% of respondents consider
corruption widespread in their country (EU average 68%) and 8% of respondents feel
personally affected by corruption in their daily lives (EU average 24%)51
. As regards
businesses, 52% of companies consider that corruption is widespread (EU average 63%) and
12% consider that that corruption is a problem when doing business (EU average 34%)52
.
Furthermore, 48% of respondents find that there are enough successful prosecutions to deter
people from corrupt practices (EU average 34%)53
, while 40% of companies believe that people
and businesses caught for bribing a senior official are appropriately punished (EU average
29%)54
.
No overarching anti-corruption strategy is in place, but the Government aims to ensure
overall coordination of anti-corruption policy through various platforms. The Platform on
Fighting Corruption promotes cooperation and information sharing between anti-corruption
practitioners within the Government. However, it has not met for the past two and a half years,
due to the COVID-19 pandemic55
. The platform could play a role in developing a broader
strategic vision on anti-corruption in the future56
, given that currently no overall anti-corruption
strategy is in place. The Network of Resilient Governance57
focuses on resilience and provides
support and advice in countering subversive elements, for example in cases of threats against
municipal officials. Finally, the Platform for Integrity Management ensures the cross-
Government management of integrity of civil servants of the central Government58
.
Preventing infiltration of organised crime groups in the civil service and police through
corruption continues to be a strategic priority. The extensive programme focusing on
combating subversive organised crime, which is defined as a crime that undermines the Dutch
system and institutions, including by corruption of law enforcement and civil servants, was
launched in 2020 and continues to be developed59
. The increased focus on fighting subversive
organised crime has also led to additional funding for institutions fighting corruption, including
49
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50).
50
In 2017, the score was 82 while in 2021, the score is 82. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last 5 years.
51
Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and experience
is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
52
Flash Eurobarometer 507 (2022). The Eurobarometer data on business attitudes towards corruption as is
updated every second year. The previous data set is the Flash Eurobarometer 482 (2019).
53
Special Eurobarometer 523 (2022).
54
Flash Eurobarometer 507 (2022).
55
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8 and Information
received from the Ministry of Justice and Security and the Ministry of the Interior in the context of the country
visit to the Netherlands.
56
Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context
of the country visit to the Netherlands.
57
The Network Resilient Governance is a cooperation mechanism between the Ministry of Interior, the Ministry
of Justice, various professional and representative associations and political parties as well as various experts
to protect public office holders and make them more resilient to outside influences.
58
Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context
of the country visit to the Netherlands.
59
2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 8-9 and 2021
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7.
9
the National Internal Investigations Department60
. The new Government, which took power at
the start of 2022, intends to allocate additional resources, to focus on fraud and financial flows
of criminal organisations, and to research whether legal and operational changes modelled on
Italy’s anti-mafia approach would contribute to the Dutch approach on organised crime61
.
The legal framework on the prevention of, and fight against, corruption remains solid,
with some changes introduced in 2021. The law on strengthening the effectiveness of the
fight against subversive crime, adopted in November 2021, increases the maximum penalty in
the Criminal Code for issuing threats from 2 to 3 years; and up to 4 years if the threat is against
public officials, judges, public prosecutors, lawyers, special investigative police officers, and
journalists or publicists in the context of their journalistic activities62
. Although encouraged by
the UN Convention against Corruption (UNCAC)63
, there are no provisions that criminalise
trading in influence. While the Government has argued that the existing criminalisation of
bribery is broad enough in scope to cover trading in influence, independent evaluations point
to the necessity of a legal revision64
.
The investigation and prosecution of corruption and corruption-related crimes is
effective, with particular attention being paid to the role of organised crime groups in
targeting certain public officials. The investigation and prosecution of corruption-related
offences continues to function properly, including in high-level cases, with no immediate
obstacles signalled by the investigators and prosecutors65
. The setting up of a multidisciplinary
intervention team in the fight against subversive organised crime (NSOC) is progressing and
is expected to be operational from the second half of 202266
. Initial operating processes are
being tested67
. Existing projects, including the ‘Combiteam Ports’68
and the project ‘Strong
60
The NIID has received a structural investment of EUR 3.3 million per year and additional recruitment, with
15 FTE having been recruited by the end of 2021 and 8 additional FTE being planned for recruitment in 2022.
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7;
Information received from the Ministry of Justice and Interior and the NIID in the context of the country visit
to the Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 6-7.
61
Dutch Government (2022), Coalition Agreement, Chapter 3 – Security and Resilient Society and written
contribution received from the Netherlands in the context of the country visit to the Netherlands. According
to the Ministry of Justice and Security and the Ministry of the Interior, preparatory work on such steps is
already ongoing.
62
Law of 4 November 2021 and Input from the Netherlands for the 2022 Rule of Law Report, pp. 7-8.
63
UN Convention Against Corruption, article 18.
64
Contribution from the Helsinki Committee for the 2022 Rule of law Report; UNCAC (2014), Implementation
Review, Executive Summary Netherlands, p. 4 and Information received from Transparency International in
the context of the country visit to the Netherlands.
65
Information received from police, prosecution service and NIID in the context of the country visit to the
Netherlands. See also 2020 Rule of Law Report, Country Chapter on the rule of law situation in the
Netherlands, p. 8 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in the
Netherlands, pp. 6-7.
66
Written contribution received from the Netherlands in the context of the country visit to the Netherlands.
67
Information received from the National Police Internal Investigations Department in the context of the country
visit to the Netherlands and Ministry of Foreign Affairs, Appreciation of the Cabinet of the European
Commission 2021 Rule of Law Report, p. 11 and Input from the Netherlands for the 2022 Rule of Law Report,
pp. 6-7.
68
The Combiteam ports is active in the Ports of Rotterdam and Vlissingen.
10
Airport’ at Schiphol, focus on both combating organised crime (often drugs-related) and its
links to corruption of public officials69
.
While work on instruments to tackle foreign bribery cases continues, the investigation
and prosecution of such complex cases faces some difficulties. The authorities have
continued the implementation of two administrative instructions issued in 2020, following
recommendations by the OECD Working Group on Bribery70
. One instruction indicates that it
is possible to prosecute small facilitation payments in foreign bribery cases (in contrast to the
previous instruction that, until 1 October 2020, explicitly stated that facilitation payments
would not be prosecuted)71
. The other provides for sending large out-of-court settlements to an
independent commission instead of to the Minister of Justice for final approval72
. While a final
arrangement for these out-of-court-settlements remains pending (as a legislative revision is
needed), this interim change is assessed positively overall by stakeholders. It increases
transparency and allows for a swifter resolution of foreign bribery cases in some instances,
while maintaining post-settlement monitoring possibilities73
. A study is ongoing in relation to
self-reporting of foreign bribery cases, which should inform future work on guidelines for cases
that include self-reporting, including a possible reduction in the fine for the responsible
company (in line with a recommendation by the OECD)74
. Difficulties in using large datasets
impact the duration of some foreign bribery investigations75
. Certain challenges are also posed
by the usual difficulties in foreign bribery cases, such as contacts with third countries to execute
mutual legal assistance requests and complex and time-consuming investigations76
.
Integrity within the police services continues to receive particular attention, while new
integrity provisions for local authorities were delayed. This follows the developments in
relation to the Encrochat case, which saw several police officers and civil servants implicated
in corruption cases, as noted in the 2021 Rule of Law Report77
. Individual police, tax and
customs officers remain a target of organised crime, in particular with the objective of obtaining
69
Input from the Netherlands for the 2022 Rule of Law Report, pp. 6-8 and p. 13 and Information received from
the Ministry of Justice and Security and the Ministry of the Interior in the context of the country visit to the
Netherlands.
70
OECD (2020), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Netherlands and OECD
(2021), Implementing the OECD Anti-Bribery Convention Phase 4 One Year Follow-up Report: The
Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 18-19.
71
A facilitation payment is a form of bribery in aimed at speeding up a business deal or facilitating a certain
transaction or investment. Written contribution received from the Netherlands in the context of the country
visit to the Netherlands.
72
Information received from the FIOD and prosecution service in the context of the country visit to the
Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 18-19. So far, 4 settlements
(out of which 2 relate to foreign bribery) were approved by this commission. See
https://www.om.nl/onderwerpen/hoge-transacties.
73
Information received from the Ministry of Justice, Ministry of Interior, prosecution service and FIOD in the
context of the country visit to the Netherlands.
74
OECD (2021), Implementing the OECD Anti-Bribery Convention Phase 4 One Year Follow-up Report: The
Netherlands and Information received from the FIOD and Prosecution service in the context of the country
visit to the Netherlands. In addition, the Parliamentary Motion ‘Van Nispen’ of 6 July 2021 has further called
for such guidelines https://www.tweedekamer.nl/kamerstukken/detail?id=2021Z12872&did=2021D27647.
75
Input from the Netherlands for the 2022 Rule of Law Report, p. 18-19 and Information received from the
FIOD and prosecution service in the context of the country visit to the Netherlands. This also relates to the
topic of legal professional privilege, see Section I.
76
Information received from the FIOD in the context of the country visit to the Netherlands.
77
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7.
11
information78
. Implementation of new legislation on the improved screening of police officers
and external consultants hired by the police was delayed, as drafting of implementing
legislation is ongoing and foreseen to be adopted by July 202379
. A special manager for
integrity was appointed and leads a new unit focused on mainstreaming integrity and
addressing corruption within the entire police force. The manager will also lead a new central
team to facilitate complex internal investigations, in line with the recommendations of a recent
audit80
. A legislative proposal to strengthen the integrity of local and regional Governments81
remains pending in Parliament82
. As the initial deadline of 1 April 2022 was not reached –
preventing the new rules from applying to the newly elected local authorities – the Minister of
the Interior asked local authorities to already apply the new rules, such as the new declaration
requirements or a risk analysis, on a voluntary basis, prior to their adoption83
.
While some reforms have been initiated in relation to the integrity framework for top
executive functions in the public sector, some concerns remain. As noted in the 2020 and
2021 Rule of Law Reports, the non-binding character of the rules for top executive functions
is a matter of concern84
. In its compliance report of July 2021, the Group of States against
Corruption (GRECO) regretted the lack of progress in implementing its recommendations85
.
Since the publication of that report, the Government has launched a number of new measures.
In particular, before the new Government was appointed in January 2022, candidates for
ministers and state secretaries had to use a ‘self-assessment risk analysis’ for the first time86
.
The candidates for ministerial and state secretarial posts had to clearly indicate how they have
distanced themselves from business interests, and – as a novelty – will have to report on any
circumstances during their mandate giving rise to business or financial interests that could
cause a conflict of interest87
. This new measure is however only instituted through a letter of
78
Information received from the Police, NIID and Prosecution in the context of the country visit to the
Netherlands.
79
Input from the Netherlands for the 2022 Rule of Law Report, p. 15 and Information received from the police
and the Ministry of Justice and Security and the Ministry of the Interior in the context of the country visit to
the Netherlands.
80
Input from the Netherlands for the 2022 Rule of Law Report, p. 15, Information received from the police in
the context of the country visit to the Netherlands and Written contribution by the police received in the context
of the country visit to the Netherlands.
81
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 7-8.
82
House of Representatives, Legislative Proposal – law to promote integrity and functioning of decentralised
Governments.
83
Letter of the Minister of the Interior to the mayors (2022), Governmental integrity: role of the mayor in
screening candidate aldermen and Dutch Association for Counsellors (2022), Minister: watch the voluntary
declaration of good conduct of new candidate-aldermen.
84
2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10 and 2021
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8.
85
GRECO Fifth Evaluation Round - Compliance Report, para. 68.
86
Ministry of the Interior, Self-assessment risk analysis integrity candidate members of Government and
Ministry of Foreign Affairs, Appreciation of the Cabinet of the European Commission 2021 Rule of Law
Report, p. 12 and 2021 Rule of Law Report and Information received from the Ministry of Justice and Ministry
of Interior in the context of the country visit to the Netherlands. See also Letter of the Minister President to
Parliament, State of play of the budget of the Ministry of General Affairs, the budget of the Cabinet of the
King and the budget of the Committee of Supervision of the Intelligence and Security Services for the year
2022, p.1-2.
87
Letter of the Minister President to Parliament (2021), State of play of the budget of the Ministry of General
Affairs, the budget of the Cabinet of the King and the budget of the Committee of Supervision of the
Intelligence and Security Services for the year 2022, pp. 1-3 and Letter of the Minister President to the
Parliament (2022), Interests of Government officials.
12
the Prime Minister88
and does not provide for checks or sanctions89
. Overall, disclosure of
assets and interests remains largely a responsibility of the individual in line for a ministerial-
level post and no regular declaration obligations are enshrined into law90
.
The Government is developing a new code of conduct for Ministers and State Secretaries.
The aim is to inform Parliament on this by the summer of 202291
. It is envisaged that the code
of conduct would include rules on gifts, extra-parliamentary activities and contacts with third
parties such as lobbyists92
, although its ultimate scope remains to be confirmed. Another
important aspect will be whether the code would include independent oversight and a
sanctioning mechanism. There are no plans for an overall strategy on integrity, which has been
criticised by stakeholders93
. Regarding integrity for Members of Parliament, the newly
established College of Investigation of Integrity (to treat complaints on the Code of Conduct
for Members of Parliament94
) received 108 complaints since the start of its functioning in April
2021 until March 2022. Only two complaints out of 108, however, fell within the competences
of the College and were followed up with an analysis and reporting to the Presidium of the
Parliament, which decides on potential sanctions. One case involved the non-reporting of extra-
parliamentary functions95
.
Reforms of post-employment rules were announced, and need to be set out in legislative
proposals. By letter of the Minister of the Interior to the Parliament, a number of new measures
were announced in relation to ‘revolving doors’, specifying that no paid commercial activities
can be assigned by a ministry to a (company of a) former Minister or State Secretary. A two-
year cooling-off period in which former ministers and state secretaries have to request a
recommendation from an advisory committee before moving to the private sector was also
announced. These measures still need to be enacted into law96
. The new Government has
committed to introducing these legislative proposals in Parliament by the end of 202297
,
although this is not specified in the coalition programme.
A lobbying prohibition for former Ministers was extended, while further lobbying rules
are under consideration for Members of the Government. The Netherlands has a voluntary
88
A letter from a minister in the Dutch system is a form of ‘soft law’ aiming at introducing certain guidelines or
measures; in this case some measures applicable to ministers and state secretaries.
89
Written contribution from Transparency International received in the context of the country visit to the
Netherlands.
90
GRECO Fifth Evaluation Round - Evaluation Report, paras. 97-100.
91
Information from the Ministry of Justice and Security and the Ministry of the Interior received in the context
of the country visit to the Netherlands and Ministry of Foreign Affairs, Appreciation of the Cabinet of the
European Commission 2021 Rule of Law Report, p. 12 and GRECO Fifth Evaluation Round - Evaluation
report, paras. 66-70. A recent motion by some members of Parliament to immediately institute such a code of
conduct for ministers and state secretaries was rejected in the House of Representatives. See House of
Representatives (2022), Motion of members Omtzigt and Dassen.
92
Input from the Netherlands for the 2022 Rule of Law Report, pp. 9-10.
93
Information received in the context of the country visit to the Netherlands and written contribution received
in the context of the country visit to the Netherlands.
94
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8.
95
Written contribution received from the College of Investigation of Integrity in the context of the country visit
to the Netherlands. See also College of Investigation of Integrity, Annual Report 2021-2022.
96
Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former Government officials,
pp. 6-8 and Input from the Netherlands for the 2022 Rule of Law Report, pp. 9-10.
97
Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context
of the country visit to the Netherlands.
13
and publicly available lobbying register for the House of Representatives in place since 201298
.
There are plans to introduce lobbying rules for Governmental positions in a new code of
conduct for the Government, while the scope of the already existing two-year lobbying
prohibition for former Ministers and State Secretaries to approach their own former Ministry
has been extended by ministerial letter to include adjacent policy areas in which the former
minister or state secretary was actively involved during his or her office. As with the
abovementioned conflict of interest measures, these provisions remain only instituted via a
letter of the Minister of the Interior and are not stipulated by law99
. A parliamentary motion
has called upon the Government to enshrine both the revolving doors and lobbying rules into
law100
.
The revision of the legal framework on political party financing remains under discussion
in Parliament. As noted in the 2021 Rule of Law Report101
, the revised Political Party
Financing law aims to introduce clearer rules on foreign donations as well as transparency and
reporting obligations of gifts to political parties102
. The proposal was adopted by the House of
Representatives in April 2022, but the procedure in the Senate remains ongoing103
, with no
clear timeline for final adoption of the changes. A proposal for revision of the separate law on
political parties is envisaged to be presented by the Minister by the end of 2022104
.
The revision of the legal framework regarding whistleblowing is ongoing. The legislative
proposal aiming at the transposition of the EU Whistleblower Directive was brought before the
Parliament by the government on 1 June 2021. The Government’s ambition to have the draft
law rapidly approved was met with criticism by Parliament, which asked for additional time to
examine it in detail105
. Concerns were raised over the draft law’s complexity and the speed of
the planned adoption process106
, while the Council of State voiced its criticism, particularly in
relation to the complexity of the proposed reporting channels107
. Stakeholders describe existing
whistleblower procedures as cumbersome and fragmented, as they depend on the institution
that is facing the complaint. The Whistleblowers Authority is not a complete ‘one-stop-shop’,
and as a result, whistleblowers are faced with complex and lengthy referral and reporting
procedures108
.
Corruption risks related to the COVID-19 pandemic remain present, although not many
such cases have been detected in practice. An ad hoc group consisting of the police, the
98
2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10 and 2021
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8.
99
Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former Government officials,
pp. 6-8.
100
Parlement.com, House of Representatives adopts motions about integrity rules for former ministers and state
secretaries.
101
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 9.
102
Input from the Netherlands for the 2022 Rule of Law Report, p. 11.
103
House of Representatives (2022), Amendment of the law on financing of political parties and Senate (2022),
Evaluation law on financing of political parties.
104
House of Representatives (2022), Continuation of the discussion on the evaluation of law on political party
financing.
105
Input from the Netherlands for the 2022 Rule of Law Report, pp. 11-12.
106
Contribution from the Helsinki Committee for the 2022 Rule of Law Report, p. 9 and Information received in
the context of the country visit to the Netherlands.
107
Council of State (2021), Summary of the Advice on the Law on Protection of Whistleblowers.
108
Information received in the context of the country visit to the Netherlands. The Whistleblowers Authority is
expected to provide advice to whistleblowers and to conduct independent investigations in some cases, see
also 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 9.
14
prosecution service, the NIID and the FIOD identified corruption-related risks in relation to the
COVID-19 pandemic but did not note many corruption cases actually materialising109
. The
Netherlands Enterprise Agency reported that EUR 125.6 million were wrongly paid out (out
of EUR 7.2 billion, corresponding to 1.74% of the total payments) as part of the short-term
fixed costs reimbursement scheme instituted during the pandemic110
. As noted last year, the
international character of foreign bribery investigations was limited due to COVID-19
restrictions (such as travel restrictions)111
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
Constitutional and legislative safeguards continue to underpin a high level of media freedom
in the Netherlands, including through a functionally independent media regulator and a high
level of independence in public service media governance and funding. The scope of access to
information has been broadened. Local media outlets continued to benefit from subsidies
granted to cushion the impact of the COVID-19 pandemic until December 2021112
.
The Dutch Media Authority has seen its overall transparency enhanced. While the
functional independence of the media authority has not been in doubt and finances are
considered to be adequate for the accomplishment of its tasks, the precise rules governing the
duties of the members of the collegiate bodies of the authority have been amended with a view
to enhancing the overall transparency113
.
The challenges previously identified with regard to transparency of media ownership and
market concentration persist. While the issue of transparency of media ownership has been
raised by a Member of Parliament and flagged by several stakeholders114
there have been no
concrete legislative steps to address the matter. The news media sector continues to be
characterised by high market concentration described as ‘consistently at high risk level’ by the
Media Pluralism Monitor115
. The approval of a merger between RTL and Talpa, currently still
under investigation, could lead to a media landscape dominated by three big players116
.
The independence of public service media governance and funding is guaranteed. The
Dutch Foundation for Public Broadcasting is the governing entity of the 13 public broadcasters
in the Netherlands and is tasked with the distribution and financing of airtime. The Media Act
provides for fair and transparent appointment procedures for management and board functions
of the Dutch Foundation for Public Broadcasting. There is consensus that this framework
109
Information received from the FIOD and prosecution service in the context of the country visit to the
Netherlands.
110
Input from the Netherlands for the 2022 Rule of Law Report, pp.13-14.
111
Information received from the FIOD and prosecution service in the context of the country visit to the
Netherlands and 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p.
9.
112
The Netherlands ranks 28th
in the 2022 Reporters without Borders World Press Freedom Index compared to
6th
in the previous year.
113
Amendment of the Media Act 2008.
114
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11; as confirmed
by information received in the context of the country visit from NVJ.
115
2022 Media Pluralism Monitor, country report for the Netherlands, p.13.
116
Noteworthy is that RTL and Talpa are the only two commercial TV stations that broadcast news. The merger
will thus impact on the concentration of the news market. There is a broader variety of commercial
broadcasting activities in the Netherlands, with a number of new stations which operate on the Dutch market,
but none of them broadcast news.
15
guarantees independence from the Government or other political influence, as also confirmed
by the Media Pluralism Monitor, which reiterates that there is no evidence of political influence
in the appointment of board members117
. The Media Act prescribes transparent and fair
procedures geared at ensuring adequate funding of public service media, also specifically
stipulating that such funding shall adequately cater for the online public service missions of the
public service media without distorting competition. While falling under the Media Act, the
Dutch Foundation for Public Broadcasting is not mandated to concern itself with media content
given that the public broadcasters are endowed with editorial autonomy.
Legislation geared at improving access to information entered into force. The Open
Government Act replaces the former Openness of Government Act, extending its scope by
covering not only administrative bodies but also constitutional ones, such as both houses of
Parliament, and broadening the extent of public documents which should be proactively
disclosed. Furthermore, the Act establishes a permanent independent advisory committee
whose role is to provide advice on the correct implementation of the rules by state bodies. The
new Act also introduces shortened deadlines for responding to information requests, and the
introduction of a reinforced obligation to actively make certain types of Government
information available to the public118
. While awaiting the entry into force of the Act, the Media
Pluralism Monitor and civil society organisations reiterated the concerns raised in previous
reports with regard to delays in granting access to information, as well as incomplete answers,
including with regard to access requests relating to the COVID-19 pandemic119
.
Threats and physical violence against journalists remain an issue of concern, in spite of
the Government’s continued efforts to counter this phenomenon. The Council of Europe
Platform to promote the protection of journalism and safety of journalists published three alerts
for the Netherlands. Two alerts concern physical violence against journalists perpetrated by
individuals, one of which entailed an attack on the home of a journalist. The third alert concerns
the arrest of a journalist while he was covering an environmental protest120
. Several other
attacks and cases of intimidations were reported on the Mapping Media Freedom platform,
including the murder of investigative journalist Peter R. de Vries on 6 July 2021121
. The trial
in this case is currently ongoing122
. To address this phenomenon of violence against journalists,
the Government has continued to enhance, fund and develop the ‘PersVeilig’ platform aimed
at reducing threats, violence and aggression against journalists, which has continued to see
close cooperation between prosecutors, the police, the Society of Editors-in-Chief and the
Association of Journalists123
. An initiative which will benefit freelance journalists launched in
2021, will continue to receive Government support and funds124
. While the authorities point
out that journalists benefit from additional guarantees under the relevant legislation125
with a
117
2022 Media Pluralism Monitor, country report for the Netherlands, p.16.
118
However, this part of the legislation will only enter into force at a later date.
119
2022 Media Pluralism Monitor, country report for the Netherlands, p.10-11.
120
Council of Europe Platform to promote the protection of journalism and safety of journalists – the Netherlands.
121
Mapping Media Freedom - the Netherlands; 2021 Rule of Law Report, Country Chapter on the rule of law
situation in the Netherlands, p. 12.
122
NOS (2022), ‘Public Prosecution Service: murderer Peter R. de Vries confirmed deed to client’,
https://nos.nl/artikel/2419634-openbaar-ministerie-moordenaar-peter-r-de-vries-bevestigde-daad-aan-
opdrachtgever. The verdict in the ongoing criminal proceedings is scheduled for 7 July 2022.
123
The platform has brought to light that in 2021, 82% of Dutch journalists experienced a form of aggression or
threat while at work, compared to 61% in 2017; that 29% of journalists are a victim of such incidents on a
monthly basis and that 93% consider such threats to be a serious threat for freedom of the press.
124
Input from the Netherlands for the 2022 Rule of Law Report.
125
The Intelligence and Security Agencies Act.
16
view to protecting their sources126
, concerns persist127
in relation to the work of the intelligence
agencies: monitoring and tapping of digital activities in a certain neighbourhood might reveal
journalistic sources.
The Government continued to provide financial support to local media outlets in
response to the COVID-19 pandemic. While the overall economic impact of the pandemic
on the media sector appears to have been limited with radio, public service media and online
outlets all seeing their advertising revenues increase, regional and local newspapers faced
greater challenges. The Government continued to subsidise local media outlets until December
2021.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
The Netherlands has a bicameral parliamentary democracy which provides for an ex-ante
constitutional review of draft legislation128
. The Parliament is composed of the House of
Representatives and the Senate. Legislative proposals can originate from the Government and
from members of the House of Representatives. The Council of State gives advisory opinions
on draft legislation. Independent authorities and civil society play an important role in the
checks and balances system.
All state powers are engaged in drawing lessons from the childcare allowances affair.
Following the Parliamentary investigation report and the subsequent resignation of the
previous Government129
, different initiatives and reforms are ongoing to remedy the situation
and to prevent similar situations from occurring in the future. The Government has recently
issued its reaction to the Opinion issued by the Venice Commission on request of Parliament,
which issued a number of recommendations regarding the executive, legislative, and judicial
branch130
. In addition, the Government is conducting a comprehensive mapping of areas in
which legislation may cause undue results for citizens, including through a wide citizen
consultation, following a Parliamentary motion in that regard131
. Given the criticism of not
providing adequate information to Parliament and to the public, the Government now publishes
126
Input from the Netherlands for the 2022 Rule of Law Report.
127
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11 as confirmed
by the Dutch ministry during the country visit.
128
Ordinary courts can carry out a decentralised form of ‘constitutional’ review in the absence of a centralised
constitutional court. This does not include the constitutionality of Acts of Parliament and treaties, pursuant to
Article 120 of the Constitution.
129
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 13-14. The
Parliamentary investigation report concluded that principles of the rule of law had not been respected in the
implementation of the childcare allowances system. The report found that the implementation of a system of
subsidies for childcare had led to a large number of citizens being required to repay in full the subsidies they
had received due to alleged irregularities.
130
The Venice Commission found that ‘In general, the Netherlands is a well-functioning state with strong
democratic institutions and safeguards for the rule of law’, and that ‘While the shortcomings in individual
rights protection uncovered in the Childcare Allowance Case are indeed serious and systemic and involve all
branches of [G]overnment, it appears that eventually the rule of law mechanisms in the Netherlands did work.’.
Venice Commission advisory opinion (W13.22.0014/III). In its reaction, the Government indicates a variety
of initiatives and reflection processes that are ongoing in relation to the topics subject to recommendations by
the Venice Commission. Letter of the Minister of the Interior and the Minister for Legal Protection to
Parliament (2022), Government reaction to the Venice Commission Opinion: ‘The Netherlands – Opinion on
the Legal Protection of Citizens’.
131
Input from the Netherlands for the 2022 Rule of Law Report.
17
additional information when sending relevant documents to Parliament132
. While efforts are
ongoing to provide financial compensation133
, the National Ombudsman concluded in October
2021 that many citizens affected by the childcare allowances affair still face uncertainty due to
delays in the treatment of their cases134
. The Council for the Judiciary has also issued an advice
on draft legislation regarding this compensation, in which it requests the Government to further
clarify a number of issues. Reflections are also ongoing on structural reforms135
following
additional investigations indicating that the tax authorities had not respected the principle of
equal treatment and non-discrimination in their approach to combat fraud. A full parliamentary
inquiry136
will further investigate the affair, with hearings planned in early 2023 and
conclusions of the inquiry planned later that year. Also the judiciary is engaged in drawing
lessons from the childcare allowances affair, within the remit of its competences. The different
initiatives demonstrate the functioning of the system of checks and balances.
Initiatives from the side of the judiciary contribute to a follow-up to the childcare
allowances affair. Following a thorough ‘self-reflection process’137
, the Administrative
Jurisdiction Division of the Council of State concluded that affected citizens did not always
receive the legal protection they deserved in the childcare allowances affair and drew a number
of lessons to prevent similar situations from emerging in the future138
. In that regard, a new
approach in the case law of the Administrative Jurisdiction Division of the Council of State
involves a closer scrutiny of the proportionality of administrative measures139
. To ensure that
bottlenecks in the application of legislation by the judiciary are signalled effectively to the
other state powers, the Council for the Judiciary called for a permanent dialogue between the
different state powers140
. In that regard, the Supreme Court and the Council for the Judiciary
already use their annual reports to flag potentially problematic rules, and the Council of State
judicial branch has announced its intention to increase signalisation of such legislation. A
reflection report prepared by a working group of administrative judges also recommended to
stimulate possibilities for identifying problematic cases between administrative judges and
132
This concerns notably internal documents of the relevant ministries on which the Government’s decisions
communicated to Parliament are based. Input from the Netherlands for the 2022 Rule of Law Report.
133
Affected citizens are also being granted legal aid through a specifically created regime.
134
National Ombudsman, Report – Complaint well-founded, but no solution, 11 October 2021.
135
The Government intends to fundamentally review, simplify, or abolish elements of the various systems for
financial allocations to citizens. Input from the Netherlands for the 2022 Rule of Law Report.
136
Parlementaire enquête, which is the Parliament’s most far-reaching instrument to control Government action.
137
This included conversations with many other involved parties, such as affected citizens, the tax authorities,
other administrative authorities and other judicial bodies. See also 2021 Rule of Law Report, Country Chapter
on the rule of law situation in the Netherlands, p. 13.
138
The Council for the Judiciary is consulted on new laws in relation to the administration of justice, and its
opinions are adopted after consulting with the courts. See also 2020 Rule of Law Report, Country Chapter on
the rule of law situation in the Netherlands, p. 14.
139
See Council of State judicial branch, ECLI:NL:RVS:2022:285, ruling of 2 February 2022. More generally, the
Council of State concludes that its judicial branch should apply a stricter scrutiny of correctness of information
provided by administrative authorities, in particular in cases where an imbalance of power exists between
parties. The Council of State will also further stimulate the expression of contradictory views both internally
and externally, including through cooperation with other judicial and non-judicial bodies, and will adopt a
more ‘case-by-case’ approach when needed to ensure the legal protection of citizens. Council of State, Lessons
from the childcare allowances cases, November 2021.
140
In that regard, the Venice Commission recommended that ‘Channels could be established for the judiciary to
draw the other branches’ attention to legislation which is giving rise to systemic problems in practice’, Venice
Commission, The Netherlands – Opinion on the Legal Protection of Citizens, 18 October 2021.
18
courts at lower instances141
. These initiatives demonstrate the active role taken by the judiciary
in providing an adequate follow-up to the findings related to the childcare allowances affaire,
within the remit of its competences.
A State Commission on the functioning of the rule of law is being established, and
constitutional amendments have recently been adopted. Following a parliamentary motion,
the Government is in the process of establishing a State Commission that will analyse the
functioning of the rule of law in the Netherlands. On 3 December 2021, a proposal for the
assignment of the State Commission was sent to Parliament, having been drafted in
consultation with representatives of the judiciary142
. The draft assignment includes examining
potential improvements to the information exchange between the state powers and to their
accessibility, as well as the development of a rule of law agenda, as recommended by the
Council for Public Administration in April 2020143
. The draft assignment also requests the State
Commission to take into account the recommendations of the Venice Commission in its
Opinion on the childcare allowances affair. Furthermore, on 5 July 2022, the Senate approved
in second reading constitutional amendments to explicitly enshrine fundamental rights, the rule
of law and the right to a fair trial in the Constitution144
. The Government Coalition Agreement
of December 2021 announced the intention to further strengthen the democratic rule of law,
and also mentioned the possible introduction of a system of constitutional review145
in line with
an earlier advice of an independent State Commission146
, stating that it is to be assessed how
this would best fit within the Dutch legal system.
Legislation is being prepared to introduce a permanent legal basis for adopting crisis
measures. Stakeholders and the general public are being consulted online on a draft text.
Following the adoption of the Temporary Act on COVID-19 measures147
, Parliament approved
the prolongation of the duration of the Act several times on the proposal of the Government148
.
The Senate rejected the fifth prolongation, and thus the Temporary Act expired on 20 May
2022. The Government has announced an amendment of the Public Health Act to provide for
a permanent legal basis for measures to address crisis situations149
. As regards the way in which
the Government managed the COVID-19 pandemic in the period from its start until September
141
Report Working Group Reflection Childcare Allowances Affair Courts – Finding Justice in Court, 8 October
2021.
142
Input from the Netherlands for the 2022 Rule of Law Report.
143
Council for Public Administration, A stronger rule of law – connecting and protecting in a pluralistic society,
15 April 2020. See also 2020 Rule of Law Report, Country Chapter on the rule of law situation in the
Netherlands, p. 15.
144
The proposed amendments had been approved by the House of Representatives in second reading on 5 April
2022, and are now adopted.
145
In line with an earlier advice of the State Commission on the Parliamentary System in the Netherlands, which
had advised to introduce the possibility of constitutional review ex post by a Constitutional Court, See above,
ordinary courts can carry out a decentralised form of ‘constitutional’ review in the absence of a centralised
constitutional court, and respect for fundamental and constitutional rights is ensured in several other manners.
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 14.
146
The State Commission on the Parliamentary System in the Netherlands had advised to introduce the possibility
of constitutional review ex post by a Constitutional Court.
147
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12.
148
The draft decision to prolong the Temporary Act is submitted to Parliament before entering into force;
Parliament can decide to reject the prolongation. See also 2021 Rule of Law Report, Country Chapter on the
rule of law situation in the Netherlands, pp. 13-14.
149
See in that regard also Advisory Opinions W13.22.0014/III and W13.22.0059/III of the Council of State of 22
February 2022 and 20 April 2022, respectively, which emphasised the importance of amending the Public
Health Act as soon as possible, in order to combat future pandemic situations.
19
2020, the Dutch Safety Board has made a number of recommendations for improving the
approach to addressing future pandemic situations150
. A full parliamentary inquiry will further
examine the Government’s handling of the COVID-19 pandemic. The continued functioning
of Parliament was enabled by exceptions in the Temporary Act on COVID-19 measures. The
courts remained active in their scrutiny of specific COVID-19 measures151
. In a high-profile
case regarding the legality of the temporary curfew measure adopted in January 2021, the
Supreme Court held that this measure had a sufficient basis in emergency law152
.
A number of key independent institutions are being reinforced through additional
funding, and further efforts are made to improve the process for enacting legislation. The
Government Coalition Agreement announced that independent institutions such as the National
Ombudsman, the Court of Audit, the Data Protection Authority, and the Advisory Board on
Regulatory Pressure will be granted additional resources to enable the effective fulfilment of
their mandate. Furthermore, it envisaged that the factual exchange of information between civil
servants and Members of Parliament will be improved and that the House of Representatives
will be reinforced by increasing the structural financing of several of its sections153
.
Additionally, the Government has appointed a National Coordinator against Discrimination
and Racism, and announced the establishment of a State Commission against Racism and
Discrimination154
. The Netherlands Institute for Human Rights155
has been tasked with
investigating the effect of discrimination on decision-making processes by administrative
authorities156
. As regards the process for enacting legislation, efforts are ongoing to make
legislative proposals more easily readable and to further improve the website used for their
online consultation. In addition, the framework for impact assessments is being revised in order
to ensure its thorough application in the formulation of policy and legislation157
.
On 1 January 2022, the Netherlands had 8 leading judgments of the European Court of
Human Rights pending implementation158. While the Netherlands’ rate of leading judgments
from the past 10 years that remained pending was at 40%, the average time that the judgments
150
Dutch Safety Board, Approach corona-crisis – Part 1: until September 2020, 16 February 2022.
151
See for example: Supreme Court, ECLI:NL:HR:2021:1497 and ECLI:NL:HR:2021:1568, rulings of 22
November 2021, and Court of Appeal of the Hague, ECLI:NL:GHDHA:2021:2452, ruling of 14 December
2021.
152
Supreme Court, ECLI:NL:HR:2022:380. See also 2020 Rule of Law Report, Country Chapter on the rule of
law situation in the Netherlands, p. 14. The Court of Appeal of the Hague had quashed a judgment of the
Hague district court, which found the curfew measure to be unlawful due to a lack of a correct legal basis. The
Attorney General at the Supreme Court had advised to uphold the ruling of the Court of Appeal.
153
Government coalition agreement, 15 December 2021. In that regard, the Venice Commission recommended
that ‘both committees and individual MPs should benefit from sufficient staff and resources that are earmarked
for scrutiny of the [G]overnment and laws’, Venice Commission, The Netherlands – Opinion on the Legal
Protection of Citizens, 18 October 2021.
154
Input from the Netherlands for the 2022 Rule of Law Report.
155
Accredited with A-status by the Global Alliance of National Human Rights Institutions (GANHRI).
156
The College has been given this task in the follow-up to the childcare allowances affair. The College is
celebrating its tenth anniversary in October 2022, and a second evaluation of the College will start in the
second half of 2022.
157
Input from the Netherlands for the 2022 Rule of Law Report. See also 2020 Rule of Law Report, Country
Chapter on the rule of law situation in the Netherlands, pp. 13-14.
158
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
20
had been pending implementation is 2 years and 10 months159
. The oldest leading case, pending
implementation for 6 years, concerns the irreducibility of a life sentence imposed on a prisoner
suffering from mental illness160
. On 1 July 2022, the number of leading judgments pending
implementation remains 8161
.
The landscape for civil society organisations remains open, but certain concerns remain
regarding new legislation applicable to them. The Netherlands continues to have an open
civil society landscape162
. Following criticism on the draft legislation aimed at preventing
undesirable foreign influence by increasing scrutiny of civil society organisations (CSOs)163
,
the Government modified the draft bill to remove the distinction based on the origin of
donations to CSOs and to clarify that a court has to confirm the use of sanctioning powers.
However, certain concerns remain as to the wide margin of appreciation that mayors would
have in deciding to request information from CSOs regarding donations and to impose penalty
payments to enforce such requests. Furthermore, stakeholders also raised concerns as regards
recent legislation and draft legislation that expand the possibilities to prohibit certain CSOs in
the interest of public order164
, as well as regarding draft legislation that grants additional powers
to the national Coordinator for Counterterrorism and Security (NCTV) to collect personal
information for anti-terrorism purposes165
.
The new Open Government Act has entered into force, introducing a new legal
framework for access to Government information. The new Open Government Act entered
into force on 1 May 2022, introducing a number of changes to the legal framework for access
to Government information (see Section III). While the new Act reinforces the possibilities to
obtain access to Government information, stakeholders criticised the softening of certain
provisions throughout the legislative process and emphasised that it remains to be seen whether
the Government will adopt a more transparent attitude towards information provision under the
new legal framework166
. Additionally, the Digital Publications Act entered into force on 1 July
2021, providing for the publication of administrative decisions not addressed to specific
persons, with the objective of increasing the transparency of such decisions.
159
All figures are calculated by the European Implementation Network and are based on the number of cases that
are considered pending at the annual cut-off date of 1 January 2022. See the contribution from the European
Implementation Network for the 2022 Rule of Law Report, p. 60.
160
Judgment of the European Court of Human Rights of 26 April 2016, Murray v. the Netherlands, 10511/10,
pending implementation since 2016.
161
Data according to the online database of the Council of Europe (HUDOC).
162
See the rating given by CIVICUS, ratings are on a five-category scale defined as: open, narrowed, obstructed,
repressed, and closed.
163
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 14-15.
164
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15.
165
Information received from civil society organisations in the context of the country visit to the Netherlands.
166
Information received from civil society organisations in the context of the country visit to the Netherlands.
21
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 – country report
on the Netherlands.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report
on the Netherlands.
Civicus, Monitor tracking civic space – the Netherlands
https://monitor.civicus.org/country/netherlands/.
College of Investigation of Integrity (College Onderzoek Integriteit), Annual Report 2021-2022
(Jaarverslag 2021-2022)
https://www.tweedekamer.nl/sites/default/files/atoms/files/202202_college_van_onderzoek_integriteit
_-_jaarverslag_2021-2022.pdf.
Council for Public Administration (2020), A stronger rule of law – connecting and protecting in a
pluralistic society, 15 April 2020.
Council of Europe: Committee of Ministers (2000), Recommendation CM/Rec(2000)19 on the Role of
Public Prosecution in the Criminal Justice System.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 to member
states on judges: independence, efficiency and responsibilities.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Netherlands https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.
Council of Europe: Venice Commission (2021), The Netherlands – Opinion on the Legal Protection of
Citizens.Council of State (2022), Advisory Opinion W13.22.0014/III.
Council of State (2021), Summary of the Advice on the Law on Protection of Whistleblowers
https://www.raadvanstate.nl/@125521/advies-wet-bescherming-klokkenluiders/.
Council of State Judicial Branch, Ruling of 2 February 2022.
Court of Appeal of the Hague, Ruling of 14 December 2021.
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
Dutch Association for Counsellors (Nederlandse Vereniging voor Raadslieden) (2022), Minister: watch
the voluntary declaration of good conduct of new candidate-aldermen (Minister: let op vrijwillige
Verklaring Omtrent Gedrag kandidaat-wethouders)
https://www.raadsleden.nl/actueel/nieuws/minister-let-op-vrijwillige-verklaring-omtrent-gedrag-
kandidaat-wethouders.
Netherlands Bar (2022), Contribution from the Netherlands Bar for the 2022 Rule of Law Report.
Dutch Government (2022), Coalition Agreement, Chapter 3 – Security and Resilient Society
https://www.rijksoverheid.nl/regering/coalitieakkoord-omzien-naar-elkaar-vooruitkijken-naar-de-
toekomst/3.-veiligheid-en-sterke-samenleving.
22
Dutch Government (2022), Input from the Netherlands for the 2022 Rule of Law Report.
Dutch Safety Board (2022), Approach corona-crisis – Part 1: until September 2020.
East Brabant district court, Judgment of 22 March 2022.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in the Netherlands.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in the Netherlands.
European Commission (2022), EU Justice Scoreboard.
European Court of Human Rights, judgment of 26 April 2016, Murray v. the Netherlands, 10511/10.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
GRECO (2021), Fourth Evaluation Round – Evaluation Report on The Netherlands on preventing
corruption and promoting integrity in central governments (top executive functions) and law
enforcement agencies.
Helsinki Committee (2022), Contribution from the Helsinki Committee for the 2022 Rule of Law Report.
House of Representatives (2021), Parliamentary motion ‘Van Nispen’ of 6 July 2021
https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2021Z12872&did=2021D27647.
House of Representatives (2022), House discussed evaluation of law on political party financing
https://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/kamer-bespreekt-
evaluatie-wet-financiering.
House of Representatives (2022), Continuation of the discussion on the evaluation of law on political
party financing
https://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/behandeling-
evaluatiewet-wet-financiering.
House of Representatives (2022), Amendment of the law on financing of political parties (Wijziging van
de Wet financiering politieke partijen in verband met de evaluatie van deze wet (Evaluatiewet Wfpp)
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A35657.
House of Representatives (2020), Legislative Proposal – law to promote integrity and functioning of
decentralised Governments (Wetsvoorstel - Wet bevorderen integriteit en functioneren decentraal
bestuur)
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?id=2020Z15266&dossier=35546.
House of Representatives (2022), Motion of the members Omtzigt and Dassen on mechanisms to check
promises of candidate ministers and state secretaries (Motie van de leden Omtzigt en Dassen over
mechanismes om beloftes van kandidaat-bewindspersonen te handhaven)
https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2022Z07622&did=2022D15392.
Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former government
officials (Integriteitsbeleid gewezen bewindspersonen)
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2021Z21910&did=2021D467
17.
23
Letter of the Minister President to the Parliament (2022), Interests of Government officials (Belangen
Bewindspersonen) https://www.rijksoverheid.nl/documenten/kamerstukken/2022/01/14/kamerbrief-
over-belangen-bewindspersonen.
Letter of the Minister President to the Parliament, State of play of the budget of the Ministry of General
Affairs, the budget of the Cabinet of the King and the budget of the Committee of Supervision of the
Intelligence and Security Services for the year 2022 (Vaststelling van de begrotingsstaat van het
Ministerie van Algemene Zaken (IIIA), de begrotingsstaat van het Kabinet van de Koning (IIIB) en de
begrotingsstaat van de Commissie van Toezicht op de Inlichtingen- en Veiligheidsdiensten (IIIC) voor
het jaar 2022) https://zoek.officielebekendmakingen.nl/kst-35925-III-9.html.
Ministry of Foreign Affairs (2021), Appreciation of the Cabinet of the European Commission 2021
Rule of Law Report (Kabinetsappreciatie Rechtsstaatrapport 2021 van de Europese Commissie)
https://www.rijksoverheid.nl/documenten/kamerstukken/2021/10/01/kamerbrief-inzake-
kabinetsappreciatie-rechtsstaatrapport-2021-van-de-europese-commissie.
Ministry of the Interior (2021), Self-assessment risk analysis integrity candidate members of
Government (Self-assessment risicoanalyse integriteit kandidaat bewindspersonen)
https://open.overheid.nl/repository/ronl-c3c1b639-c222-4098-9610-4af9b22b2d96/1/pdf/self-
assessment-risicoanalyse-integriteit-kandidaat-bewindspersonen.pdf.
Ministry of Justice (2022), Contribution from the Ministry of Justice for the 2022 Rule of Law Report.
National Coordinator for the fight against Terrorism and Security (2019), National Security Strategy
2019 https://www.nctv.nl/onderwerpen/nationale-veiligheid-
strategie/documenten/publicaties/2019/6/07/nationale-veiligheid-strategie-2019.
National Coordinator for the fight against Terrorism and Security (2021), Midterm Review of the
National Security Strategy 2019 https://www.nctv.nl/onderwerpen/nationale-veiligheid-
strategie/nieuws/2021/03/08/nvs-midterm-review-dreigingen-stellen-nederland-voor-forse-uitdaging.
National Ombudsman (2020), Proper Provision of Information is the Basis of Access to Justice –
Bottlenecks in the Provision of Information about Penalties and Dismissal Decisions.
National Ombudsman (2021), Complaint well-founded but no solution, 11 October 2021.
National Ombudsman (2021), Letter addressed to the Minister of Justice and Security and the Minister
for Legal Protection, on the negative consequences for the victims of crimes that are handled in this
manner, December 2021.
OECD (2020), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Netherlands
https://www.oecd.org/corruption/anti-bribery/netherlands-phase-4-report-en.pdf.
OECD (2021), Implementing the OECD Anti-Bribery Convention Phase 4 One Year Follow-up Report:
The Netherlands https://www.oecd.org/corruption/anti-bribery/The-Netherlands-phase-4-one-year-
follow-up-report-en.pdf.
Parlement.com (2022), House of Representatives adopts motions about integrity rules for former
ministers and state secretaries
https://www.parlement.com/9353000/1/j9vvknrezmh4csi/vls9d4bgfsse?s0e=gttln5yj.
Reporters without Borders – the Netherlands https://rsf.org/en/country/netherlands.
Senate (2022), Evaluation law on financing of political parties (Evaluatiewet Wet financiering politieke
partijen) https://www.eerstekamer.nl/wetsvoorstel/35657_evaluatiewet_wet.
24
State Commission on the Parliamentary System in the Netherlands (2018), Democracy and the rule of
law in equilibrium – final report of the State Commission on the Parliamentary System in the
Netherlands.
Supreme Court, Rulings of 22 November 2021.
Transparency International (2022), Corruption Perceptions Index 2021.
UNCAC (2014), Implementation Review, Executive Summary Netherlands
https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/E
xecutiveSummaries/V1403530e.pdf.
Working Group Reflection Childcare Allowances Affair Court (2021), Finding Justice in Court.
25
Annex II: Country visit to the Netherlands
The Commission services held virtual meetings in March and April 2022 with:
 Commissariaat voor de Media
 Dutch Foundation for Public Broadcasting
 Fiscale Inlichtingen- en Opsporingsdienst
 Free Press Unlimited
 Huis voor Klokkenluiders
 Instituut voor Informatierecht
 Ministry of Education, Culture and Science
 Ministry of the Interior and Kingdom Relations
 Ministry of Justice and Security
 Nederlands Juristencomite voor de Mensenrechten
 Netherlands Helsinki Committee
 Nederlandse Orde van Advocaten
 Nederlandse Vereniging voor Rechtspraak
 Nederlandse Vereniging voor Journalisten
 National Ombudsman
 National Police
 National Internal Investigations Department
 Prosecution service
 Raad voor de Rechtspraak
 Raad voor het Openbaar Bestuur
 Supreme Court
 Transparency International
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute (OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe