COMMISSION STAFF WORKING DOCUMENT 2023 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 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Netherlands, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 819 final  COMMISSION STAFF WORKING DOCUMENT 2023 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 2023 Rule of Law Report                        The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The justice system of the Netherlands continues to be characterised by a high level of perceived 
judicial independence, and several reforms to further strengthen judicial independence have 
advanced. Reforms are under preparation to enhance the safety of key witnesses in criminal 
proceedings  as  well  as  of  their  relatives  and  advisors.  Judges  and  public  prosecutors  have 
expressed concerns regarding staff shortages and challenging working conditions due to a high 
workload. The level of digitalisation has improved, notably through the introduction of more 
digital solutions for court proceedings. The efficiency of the justice system remains high and 
backlogs in criminal cases have been further reduced. 

The perception among experts and business executives is that the Netherlands is one of the 
least  corrupt  countries  in  the  world.  The  Government  has  initiated  consultations  on  a 
strengthened anti-corruption policy. 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. The investigation and prosecution of corruption cases 
are  handled  effectively.  Some  obstacles  remain  in  the  handling  of  foreign  bribery  cases. 
Legislation  on  the  screening  of  police  officers  and  external  consultants  hired  by  the  police 
during their career as well as new rules on integrity for local administrations entered into force, 
and the government adopted an overall integrity policy for public office. A new code of conduct 
for  ministers  and  state  secretaries  was  adopted.  The  revision  of  rules  on  revolving  doors 
continued  as  the  legislative  work  advanced,  although  the  reliance  of  the  mechanism  on 
individual responsibility and non-binding advice might limit its effectiveness. A new policy in 
relation to the transparency related to lobbying ministers and state secretaries was announced, 
although  it  does  not  include  the  establishment  of  a  transparency  register.  Political  party 
financing legislation was revised, and additional revisions in relation to transparency are being 
prepared.  

The  Dutch  Media  Authority  continues  to  work  independently  with  adequate  resources.  The 
challenges previously identified with regard to transparency of media ownership persist. The 
independence  of  public  service  media  governance  and  funding  is  guaranteed  and  a  new 
advisory board is established to ensure plurality. The application of the new legislation aimed 
at improving access to information is still subject to criticism. Threats and physical violence 
against journalists remain an issue, despite the Government’s continued measures to counter 
this phenomenon. 

All three state powers continue to be engaged to address potential structural issues following 
the childcare allowances affair. The Netherlands Institute for Human Rights has continued to 
play an active role. The landscape for civil society organisations continues to be open, although 
some shortcomings have been reported by stakeholders regarding restrictions to the right to 
demonstrate. 

1 

 
 
 
 
 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, the Netherlands 
has made:  

  Some progress on continuing to improve the level of digitalisation of the justice system, in 
particular as regards publication of judgments and digital solutions for court proceedings 
  Some progress on completing 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  

  Significant  progress  on  adopting  a  Code  of  Conduct  for  ministers  and  state  secretaries 
including rules on gifts, secondary activities and lobbying, as well as effective monitoring 
and sanctioning.  

  Some progress on continuing efforts to ensure a comprehensive follow-up to the childcare 
allowances  affair  to  address  the  potential  structural  issues,  involving  all  relevant  state 
authorities. 

On this basis, and considering other developments that took place in the period of reference, 
it is recommended to the Netherlands to: 

  Continue efforts to improve the level of digitalisation of the justice system, in particular as 

regards the publication of judgments. 

  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. 
  Establish  stricter  transparency  rules  on  lobbying  for  members  of  the  Government  and 

Parliament. 

  Further continue the comprehensive follow-up to the childcare allowances affair, involving 
all relevant state authorities, building also on the work of the State Commission on the Rule 
of Law. 

2 

 
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). 

The level of perceived judicial independence in the Netherlands is now high among the 
general  public  and  continues  to  be  high  among  companies.  Overall,  70%  of  the  general 
population and 72% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20238. According to data in the 2023 EU Justice Scoreboard, no 
clear trend can be identified in the evolution of the perceived level of independence among the 
general public since 2016. Nevertheless, this figure has decreased in  comparison with 2022 
(77%), as well as with 2016 (72%). The perceived judicial independence among companies 
remains at the same level as in 2022 and is lower than in 2016 (75%). 

Several reforms to further bolster judicial independence have advanced, whereas others 
have  been  reconsidered.  On  8  November  2022, a  legislative  proposal  on  the  integrity  and 
independence of the judiciary was published9. 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)10.  It  also  introduces  additional  rules  regulating  the 

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  whether  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 49 and 51, 2023 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    Netherlands Government, Bill 36243 - Amendment of various laws in the interest of honest, independent and 

impartial judiciary, 8 November 2022. 

10   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.  

3 

 
                                                           
holding and disclosure of financial interests by judges and the implementation of an integrity 
policy  by  court  management  boards11.  On  6  February  2023,  the  Government  abandoned  a 
proposal  to  amend  the  appointment  procedure  of  Supreme  Court  judges12.  In  doing  so,  it 
followed  the  advice  of  the  Council  of  State13,  which  pointed  out  that the  ‘leading  role  of  a 
Committee  of  Supreme  Court  judges’  in  the  current  appointment  procedure14  already 
sufficiently  prevents  undesired  political  influence15.  It  also  stressed  the  added  value  of 
Parliament’s current role in the procedure from the perspective of democratic legitimacy16. In 
addition,  the  Supreme  Court  itself  had  expressed  its  appreciation  for  the  current  procedure, 
pointing out that in practice Parliament always based itself on the list of candidates put forward 
by the Committee17.  

The  removal  of  the  executive’s  power  to  give  instructions  to  prosecutors  in  individual 
cases is under discussion18. Following the advice by the Council of State published on 20 May 
202219,  the  Government  is  currently  preparing  its  response  to  a  proposal  by  a  Member  of 
Parliament aimed at enhancing the independence of the prosecution service by removing the 
executive’s  power  to  give  instructions  in  individual  criminal  cases20.  The  Council  of  State 
considered that the proposal is not supported by sufficient evidence pointing to a need to change 
the current balance struck between the independence of the prosecution service and the political 
responsibility  of  the  Minister  of  Justice.  It  also  argued  that  international  standards  do  not 

11   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.  

12  Further report on the proposal for a Kingdom Act declaring that there are grounds to consider a proposal to 
amend the provision in the Constitution regarding the appointment of the members of the Supreme Court of 
the Netherlands, Official Gazette of the Kingdom of the Netherlands, 31 January 2023. 

13   Council of State, Advice on the change in the Constitution of the provision regarding the appointment of the 
members of the Supreme Court of the Netherlands, adopted on 7 April 2021, published on 16 June 2022.  
14   Currently, a Committee of Supreme Court judges draws up a list of six candidates and submits it to the House 
of  Representatives,  which  selects  and  ranks  three  candidates  and  invites  the  first-ranked  person  for  an 
interview. The selected candidate is then nominated by the Minister of Justice for appointment by the executive 
by  Royal  Decree;  The  Government  proposal  would  have  abolished  the  nomination  right  of  the  House  of 
Representatives. Instead, a committee, consisting of one member appointed by the House and one member 
appointed by the Supreme Court, would have been given this right.  

15  Council of State, Advice on the change in the Constitution of the provision regarding the appointment of the 
members of the Supreme Court of the Netherlands, under point 2(b); Recommendation CM/Rec(2010)12 of 
the Committee of Ministers of the Council of Europe on judges: independence, efficiency and responsibilities, 
para. 47. 

16  Council of State, Advice on the change in the Constitution of the provision regarding the appointment of the 

members of the Supreme Court of the Netherlands, under point 2(a). 

17  Information received from the Supreme Court in the context of the country visit to the Netherlands. 
18  See  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  pp.  4-5; 
Communication from the Commission, EU Justice Scoreboard, COM(2020)306 final of 10 July 2020, figure 
55 (Instructions to prosecutors in individual cases: authority that can instruct and safeguards). 

19  Council  of  State,  Bill  by  member  Groothuizen  (Expiration  of  Special  Powers  of  Design  of  the  Public 

Prosecution Service Act), 19 May 2022. 

20  Articles 127 and 128 of the Law on the Judicial Organisation; Law on the Expiration of Special Powers of 
Instruction  for  the  Public  Prosecution  Service  Act,  House  of  Representatives  documents,  35  768,  nr  1, 16 
March 2021; Information received from the Netherlands in the context of the country visit to the Netherlands; 
Committee of Ministers of the Council of Europe, Recommendation CM/Rec(2000)19 on the independence, 
efficiency and responsibilities of judges, 17 November 2010. 

4 

 
                                                           
require  a  change  of  the  current  rules,  given  the  strong  tradition  of  independence  of  the 
prosecution service in the Netherlands21.  

Following the appointment of a fifth member of the Council for the Judiciary, more than 
half of its members are now judges. With a fifth member having been appointed in September 
202222, three out of five members of the Council are now judges. Discussions on the selection 
procedure for Council members are still ongoing23. The objective is to increase transparency 
and further limit the influence of the executive and legislative powers, which is consistent with 
Council  of  Europe  recommendations24.  The  evaluation  of  the  temporary  appointment 
procedure for members of court management boards, which aims to increase the role of judges 
and court staff25, is expected to be finalised in the summer of 202326. 

Reforms are under preparation following failures in ensuring the safety of key witnesses 
as  well  as  of  their  relatives  and  their  advisors  in  criminal  proceedings.  Following  the 
murder of a relative of a key witness in a criminal trial, as well as his lawyer and his advisor, 
the  Dutch  Safety  Board  produced  a  report  in  March  202327,  which  identifies  a  number  of 
mistakes and shortcomings in ensuring their safety and points to lessons learnt. The Minister 
of Justice formally apologised for the mistakes made28 and took up the recommendations made 
by the Dutch Safety Board, announcing a closer involvement of the persons under protection 
and a reflection on the use of key witnesses in general, taking into account the situation in other 
Member States29. The Council for the Judiciary also drew the attention to the psycho-social 
effects of threats and protection measures on judges and lawyers, including their willingness 
to  work  on  high-risk  cases30.  The  Netherlands  Bar  developed  further  initiatives  to  support 

21  Council of State, Bill by member Groothuizen, published on 19 May 2022; The prosecution service itself does 
not see the need for amending legislation, since the Minister has not used this power in practice and that the 
law  on  judicial  organisation  contains  adequate  accompanying  guarantees.  Information  received  from  the 
Public  Prosecutor’s  Office  in  the  context  of  the  country  visit  to  the  Netherlands.  The  Dutch  Judiciary 
Association has however expressed its support for the draft legislation. In particular in finding that this power 
undermines mutual trust within the European Union based on the presumption that the prosecution office is 
independent from the executive. Letter of Dutch Judiciary Association to D66 party, 3 June 2021. 

22   Previously there were four members of the Council, half of which were judges.  
23   Input received from the Council for the Judiciary in the context of the country visit to the Netherlands. 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.  

24   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para 27: ‘Not 
less  than  half  the  members  of  such  councils  should  be  judges  chosen  by  their  peers  from  all  levels  of  the 
judiciary and with respect for pluralism inside the judiciary’. 

25   See 2022, 2021 and 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, 

p. 3, p. 3, and pp. 3-4 respectively. 

26 The temporary agreement that established the new appointment procedure runs until the end of 2023, and the 
evaluation will lead up to a new agreement on a procedure for future appointments. Information received from 
the Council for the Judiciary in the context of the country visit to the Netherlands. 

27  Dutch Safety Board, Surveillance and protection, lessons from three security situations, 1 March 2023.  
28  Cabinet response to monitoring and securing system renewal and response to monitoring and securing OVV 

report, 31 March 2023.  

29   See also the 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15. 
30   Information received from the Council for the Judiciary in the context of the country visit to the Netherlands; 
ARQ Knowledge Center Impact of Disasters and Crises, psychosocial consequences of threats and security 
measures on lawyers and judges, 2022. Beyond organized crime, the Council also points to the need to tackle 
threats from violent extremism. 

5 

 
                                                           
lawyers in ensuring their safety, including resilience trainings31 and free safety scans of their 
office premises32. It also intends to create a ‘confidant’, with whom lawyers could exchange 
on threats and matters relating to (attempts to) criminal subversion33. The Minister for Legal 
Protection is preparing an initiative aimed at strengthening the oversight of the legal protection 
through  the  establishment  of  a  single  national  supervisor34.  As  regards  respect  for  legal 
professional  privilege,  the  Netherlands  Bar  opposed  the  Government’s  intention  to  enable 
visual supervision during visits of lawyers to high-security prisons35. The Netherlands Bar will 
be involved in the development of a manual on how to deal with the disclosure of sensitive 
information to third parties, in particular to public authorities and courts36. 

Quality  

Some progress has been made to improve digitalisation, notably through digital solutions 
for  court  proceedings.  The  2022  Rule  of  Law  Report  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”37. The level of 
digitalisation is advanced, in particular as regards the availability of electronic communication 
tools in courts38. More judgments have been published online, although the publication rate 
remains low39. Improved digital tools enable people to initiate and follow proceedings online40, 
although there is room for improvement in civil, administrative41 and criminal42 proceedings. 

31   In 2022, the Netherlands Bar offered 500 spots free of charge. Besides, a special training on resilience was 
organised for lawyers who work with detainees. At the beginning of 2023, the Netherlands Bar started to offer 
the training to increase resilience to new lawyers and trainee lawyers so that they could learn how to deal with 
threats and which preventive measures could be taken. 

32   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 considered. If set up, this  ‘Wijkplaats’  would provide a quiet shelter to 
share negative experiences with violence and threats. 

33  Input received from the Council of Bars and Law Societies of Europe for the 2023 Rule of Law Report, p. 73. 
34  Letter by the Minister for Legal Protection, Enhancing the supervision of the legal profession, 26 September 
2022; The Netherlands Bar is of the opinion that the supervision of lawyers is to be positioned within a public 
professional body, but organised independently of the State, the other bodies within the Netherlands Bar and 
the lawyers themselves; Information received from the Netherlands Bar in the context of the country visit to 
the Netherlands. 

35  Input received from the Council of Bars and Law Societies of Europe for the 2023 Rule of Law Report, p. 10. 
36  Information received from the Netherlands Bar in the context of the country visit to the Netherlands. 
37   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 2. 
38   Figures 43 and 44, 2023 EU Justice Scoreboard. 
39   The current publication rate is around 4% of all judgments. The number of published judgements rose from 
45 100 in 2021 to 49 800 in 2022. It should be noted that one published court decision may relate to several 
cases;  Information  received  from  the  Council  for  the  Judiciary  in  the  context  of  the  country  visit  to  the 
Netherlands, Input received from the Netherlands for the 2023 Rule of Law report See also Figure 47, 2023 
EU Justice Scoreboard. 

40    Information received from the Council for the Judiciary in the context of the country visit to the Netherlands 
shows that currently, 40% of all court proceedings are initiated digitally. While over 95% of criminal cases 
are  processed  digitally,  this  is  currently  the  case  for  less  than  15%  of  civil  and  administrative  cases.  The 
percentages cited in the 2022 Rule of Law report were 30%, 90% and 10% respectively. 

41   Figure 45, 2023 EU Justice Scoreboard. Currently, 40% of all court proceedings are initiated digitally. While 
over 95% of criminal cases are processed digitally, this is currently the case for less than 15% of civil and 
administrative cases. 

41   Input from the Netherlands for the 2023 Rule of Law Report. See also 2022 and 2021 Rule of Law Report, 

Country Chapter on the rule of law situation in the Netherlands, pp. 3-4. 

42   Figure 46, 2023 EU Justice Scoreboard.  

6 

 
                                                           
Various pilot projects are currently being carried out that could further improve the level of 
digitalisation43. Therefore, there has been some progress on the recommendation made in the 
2022 Report to improve the level of digitalisation of the justice system. 

Judges  and  public  prosecutors  have  expressed  concerns  regarding  staff  shortages  and 
challenging working conditions due to a high workload. The Dutch Judiciary Association 
has estimated that there is a shortage of 800 judges and 200 public prosecutors, and that more 
generally the judiciary is facing challenging working conditions due to a high workload, also 
having an impact on the attractiveness of the profession44. The judiciary has started recruiting 
more  trainee  judges  since  2020.  In  doing  so,  the  number  of  training  places  increased  from 
approximately 80 to 130 per year. However, there is a limit to the number of new judges that 
can be trained, as existing judges need to be available to supervise them45. The Government 
coalition  agreement  announced  the  intention  to  strengthen  the  entire  justice  system  and 
improve  access  to  justice,  including  through  additional  funding  for  criminal  justice46.  In 
addition, investments were made for the career development of employees in the judiciary and 
for communication and visibility in the labour market47. The Government is also preparing to 
extend legislation which allows retired judges to work as deputy judges, until the age of 7348.  

Initiatives to enhance access to justice, including reflections on a reform of the legal aid 
system are ongoing. Over the last  years, concerns have been raised regarding the available 
funding for the legal aid system49. Reflections on a reform of the system, to be completed by 
2025, continue on the basis of a number of pilot projects50. Although remunerations have been 

42   Input from the Netherlands for the 2023 Rule of Law Report. See also 2022 and 2021 Rule of Law Report, 

Country Chapter on the rule of law situation in the Netherlands, pp. 3-4. 

43   At the Courts of Overijssel and Midden-Nederland, a Digital Access pilot has started in cases regarding 'joint 
request for divorce'. The pilot enables lawyers to litigate digitally via the secure web portal 'Mijn Rechtspraak'. 
In addition, the tax division of the Arnhem-Leeuwarden Court of Appeal has started a Digital Access pilot in 
state tax cases. The pilots are part of the Digital Access Project, which is aimed at low-threshold, digital access 
to the judiciary for litigants; Information received from the Ministry of Justice in the context of the country 
visit to the Netherlands. 

44   In April 2022, the report on how working time is spent within the judiciary in the year 2021 was completed 
(Capgemini,  Time-use  survey  jurisdiction  2021,  20  April,  2022).  The  results  stated  that  judges  work  on 
average 11 to 17 hours overtime per week. The Dutch Judiciary Association has calculated that the overtime 
corresponds to the work of 800 judges and 200 public prosecutors. During recent collective labour agreement 
negotiations between the Minister for Legal Protection and the Dutch Judiciary Association, it was agreed that 
an independent expert will be appointed to look further into the matter of workload and present advice within 
six months; See also 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, 
p. 7.  

45   Information received from the Council for the Judiciary and Dutch Judiciary Association in the context of the 

country visit to the Netherlands. 

46   In the years 2023-2025 the judiciary will receive about EUR 1 billion per year. In comparison with the previous 
years,  it  will  get  EUR  155  million  extra  intended  for,  among  other  matters,  extra  judges,  investments  in 
digitalisation and innovation and cases related to subversive crime; Information received from the Council for 
the Judiciary in the context of the country visit to the Netherlands. 

47   Information received from the Netherlands in the context of the country visit to the Netherlands.  
48   Ibid. 
49   See 2022, 2021 and 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, 

p. 6, 3 and 4 respectively.  

50   Information received from the Netherlands in the context  of the country visit to  the  Netherlands; See also 
2022, 2021 and 202 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 4 
p. 6, p. 4 and p. 3 respectively.  

7 

 
                                                           
adapted  since  January  2022,  increased  inflation  rates  have  so  far  not  been  reflected51.  The 
Government  coalition  agreement  announced  that  justice  will  be  made  more  accessible  to 
individuals and SMEs by reducing court fees by 25%52. In March 2023, the government sent 
the draft legislation to the Council of State for advice53.  

Efficiency 

The efficiency of the justice system remains high and backlogs in criminal cases have been 
further  reduced.  The  duration  of  proceedings  for  first  instance  civil,  commercial 
administrative and other cases is short54, and the clearance rate remains effective55. Proceedings 
are still lengthy at third instance, although the disposition time has decreased in 202156. The 
rate of resolving administrative cases at first instance improved to 108% in 202157, clearing 
backlogs58. The total backlog of criminal cases (at first instance) has decreased slightly59. At 
the end of 2021, the backlog of cases to be scheduled for a hearing at the courts (at second 
instance) was 25% below the target level of 17 March 2020. A further slight decrease to 20% 
below the target level was achieved by 31 December 202260.  

II. 

ANTI-CORRUPTION FRAMEWORK 

The competence to investigate and prosecute corruption is shared between several authorities, 
including the National Internal Investigations Department61 (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). 
Responsibility for the prevention of corruption is spread out among many different actors62. 
There is no overall anti-corruption agency responsible for the repression and/or prevention of 

51  Input received from the Council of Bars and Law Societies of Europe for the 2023 Rule of Law Report, p. 73, 
74. A labour market research titled ‘The labour market for legal aid lawyers’ shows concerns about the future 
availability of lawyers providing legal aid, including in view of the level of remuneration. See also figure 24, 
2023 EU Justice Scoreboard. 

52  See also figure 25, 2023 EU Justice Scoreboard. 
53  Information received from the Council for the Judiciary in the context of the country visit to the Netherlands. 
54   Figure 5, 2023 EU Justice Scoreboard. It takes on average 76 days to resolve a case. 
55   Figure 10 (103,5%), 11 (no data for the Netherlands) and 12 (108,1%), 2023 EU Justice Scoreboard.  
56   Figure 7, 2023 EU Justice Scoreboard. It takes on average 450 days at third instance to resolve a case. 
57   Figure 13, 2023 EU Justice Scoreboard. 
58 To avoid backlogs and reduce delays, in 2020 the judiciary decided to prioritise timeliness and predictability in 
the justice system. In 2020, the Timely Administration of Justice programme was set up and in 2021 teams 
were established to reduce the backlog of cases in the areas of administrative, family and civil law. In 2021 
these teams handled more than 3,000 cases for various courts and trained 30 new legal officers; Information 
received from the Netherlands in the context of the country visit to the Netherlands.  

59   Information provided by the Council for the Judiciary in the context of the country visit to the Netherlands. 
60   Ibid. 
61   As  an  investigation  service,  the  Rijksrecherche  is  under  the  authority  and  management  of  the  Board  of 

Prosecutors General of the Netherlands Public Prosecution Service.  

62   Such actors include both the Ministry of Interior and Kingdom Relations as well as individual municipalities, 

the NIID, the Whistleblowers Authority, and others.  

8 

 
                                                           
corruption. 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  2022  Corruption  Perception 
Index  by  Transparency  International,  the  Netherlands  scores  80/100  and  ranks  4th  in  the 
European Union and 8th globally63. This perception has been relatively stable64 over the past 
five  years.  The  2023  Special  Eurobarometer  on  Corruption  shows  that  47%  of  respondents 
consider corruption widespread in their country (EU average 70%) and 4% of respondents feel 
personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)65.  As  regards 
businesses, 50% of companies consider that corruption is widespread (EU average 65%) and 
14%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average  35%)66. 
Furthermore, 51% of respondents find that there are enough successful prosecutions to deter 
people from corrupt practices (EU average 32%)67, while 38% of companies believe that people 
and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU  average 
30%)68. 

The  Government  has  initiated  consultations  on  a  strengthened  anti-corruption  policy. 
The  Netherlands  remains  without  an  overall  anti-corruption  strategy69.  However,  the 
government launched in  October 2022 broad consultations on how to further strengthen the 
overall  anti-corruption  policy70.  The  Platform  on  Fighting  Corruption  is  meant  to  promote 
cooperation  and  information  sharing  between  anti-corruption  practitioners  within  the 
Government,  but  it  was  stopped  during  the  COVID-19  pandemic  and  has  not  resumed  its 
functions  since.  The  Government  is  currently  reflecting  on  how  the  platform  can  best  be 
reoriented  and  strengthened71.  Various  networks,  including  the  Network  of  Resilient 
Governance  and  the  Platform  for  Integrity  Management,  remain  in  place  and  help  manage 

63   Transparency  International  (2023),  Corruption  Perceptions  Index  2022,  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). 

64   In 2018, the score was 82 while in 2022, the score is 80. 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 five years. 

65 Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

66 Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

67  Special Eurobarometer 534 on Corruption (2023).  
68   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
69   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. In addition, 
the Netherlands scores low on the OECD Public Integrity Indicator for Quality of the Strategic Framework as 
no strategy is in place. 

70   Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands and input from the Netherlands for the 2023 Rule of Law Report, p. 11. 

71   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8 and Ministry 
of Foreign Affairs, Appreciation of the Cabinet of the European Commission 2022 Rule of Law Report, p. 9.  

9 

 
                                                           
various  aspects  of  anti-corruption  policy72.  Concerns  remain  over  the  lack  of  adequate 
criminalisation of trading in influence in the Dutch legal framework73.  

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 developed74. Overall, a structural amount of EUR 694 
million is available annually for the fight against subversive organised crime, largely focusing 
on providing adequate resources to various law enforcement bodies. Only a part of these funds 
specifically supports measures in the fight against corruption75. For example, within a specific 
action plan on main ports, which supports various logistical hubs in the fight against subversive 
organised  crime,  dedicated  anti-corruption  measures  are  carried  out,  such  as  exploring  the 
screening of high-risk occupations in ports (and if possible, implementing such measures)76. 
Research on whether legal and operational changes modelled on Italy’s anti-mafia approach 
would contribute to the Dutch criminal law approach on organised crime was published77 and 
research  on  corruption  risks  at  the  main  ports  of  Rotterdam  and  Schiphol78  is  ongoing. 
Stakeholders  report  that  current  measures  focus  largely  on  the  repressive  side,  sometimes 
without duly taking into account preventive aspects79.  

The  investigation  and prosecution  of  corruption-related  crimes  is  effective,  and  a  new 
cooperation structure was set up to focus on corruption linked to organised crime.  The 
investigation  and  prosecution  of  corruption-related  offences  continue  to  function  properly, 
including in high-level cases, with no immediate obstacles signalled by the investigators and 
prosecutors80. While a multidisciplinary intervention team in the fight against organised crime 
was long planned81, authorities put a stop to its formation following disappointing results of a 
pilot  project.  Instead,  a  more  flexible  cooperation  structure  –  the  National  Alliance  against 

72   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 
73   Ibid., p. 9. 
74   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 and 2022 Rule 
of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 8-9. 

75   Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands and input from The Netherlands for the 2023 Rule of Law Report, p. 9. 

76   Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands and input from The Netherlands for the 2023 Rule of Law Report, p. 18. 

77   The research highlights in particular the aspects of better country-wide coordination in subversive organised 
crime  as  well  as  the  importance  of  witness  protection  and  confiscation  measures.  Scientific  Research  and 
Documentation Centre (2023),  Italian anti-mafia  legislation as inspiration for Dutch approach to organised 
crime 

78   Input from The Netherlands for the 2023 Rule of Law Report, p. 9. 
79   Information received from Transparency International in the context of the country visit to the Netherlands. 
80   Information received from a joint meeting with law enforcement and prosecution services 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 and 2022 Rule of Law Report, Country Chapter on the rule of law situation in the 
Netherlands, pp. 9-10. 

81   2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7 and 2022 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 9-10. 

10 

 
                                                           
Subversive Crime (NSOC) – was set-up between various agencies82. The NSOC will mainly 
focus on tackling  criminal  financial  flows  and the underlying business  structures, including 
issues such as money laundering and corruption. Each agency will remain responsible for its 
own  investigative  tasks83.  The  “Strong  Airport”  project  at  Schiphol  continues  to  focus  on 
encouraging  reporting  of  possible  corruption84.  Problems  with  data  logging85  –  to  identify 
corrupt  public  officials  that  access  certain  information  in  official  databases  without 
authorisation – make the investigation and prosecution of cases of infiltration of subversive 
organised crime more difficult86. As regards public procurement, the Flash Eurobarometer on 
Businesses’  attitudes  towards  corruption  in  the  EU  shows  that  19%  of  companies  in  the 
Netherlands (EU average 26%) think that corruption has prevented them from winning a public 
tender or a public procurement contract in practice in the last three years87. 

While  work  on  improving  the  investigation,  prosecution  and  adjudication  of  foreign 
bribery  cases  continues,  such  complex  cases  continue  to  face  some  difficulties.  Some 
concerns remain over the effective enforcement of foreign bribery cases in the Netherlands, as 
exemplified by the OECD88. Authorities acknowledge the concerns on enforcement but state 
that  detection  and  investigation  of  foreign  bribery  cases  remains  a  priority  for  the  public 
prosecution89. Transparency in out-of-court settlements in foreign bribery cases has improved, 
with case summaries now being published 90, although the OECD points out that more could 
be done as not all settled cases are covered under these new transparency rules91. There is still 
no  complete  legal  certainty  about  out-of-court  settlements,  as  even  though  an  adequate 

82   Within the NSOC, the police, the Public Prosecution Service, Customs, the Tax and Customs Administration, 
the Fiscal Intelligence and Investigation Service (FIOD), the Royal Netherlands Marechaussee and other units 
of the Ministry of Defence are collaborating to develop new methods to disrupt criminal structures and their 
earning models, based on shared information. 

83   Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands and input from the Netherlands for the 2023 Rule of Law Report, p. 20. 

84   Input from the Netherlands for the 2023 Rule of Law Report, p. 21. 
85  In particular, some IT systems do not seem to be able to adequately track the identity of persons that access 

data in an unauthorised manner.   

86   The  NIID  (Rijksrecherche)  regularly  addresses  recommendations  to  the  institutions  concerned  to  improve 
logging within IT systems when detecting such cases. Information received from the joint meeting with law 
enforcement and prosecution service in the context of the country visit to the Netherlands. Media reported on 
a specific case where the Tax administration had difficulties identifying a corrupt employee.  See NOS, Tax 
administration cannot find searches of employees.  

87   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is 7 percentage 

points below the EU average. 

88    OECD  (2022),  Phase  4  evaluation  of  The  Netherlands  -  Two  Year  Follow-up  report,  pp.  3-4.  The  OECD 
expressed some concerns over the enforcement of foreign bribery cases in its recent report. “However, the 
Working Group is concerned about the continued low level of foreign bribery enforcement in the Netherlands, 
especially  in  view of the  size and specific risk profile of the  Dutch economy. The Working  Group is also 
concerned  about  the  potential  lack  of  resources  in  the  Dutch  Public  Prosecution  Service  (PPS)  and  will 
continue to follow-up on this issue in light of proposed increases in funding announced by the government. 
[…] In total, since the entry into force of the foreign bribery offence more than 20 years ago, the Netherlands 
has concluded foreign bribery investigations with sanctions by means of non-trial resolution in five cases and 
not a case has been concluded following a criminal conviction at trial.” 

89   In particular, the Ministry points towards the overall increase in resources of the justice system. Ministry of 

Justice (2022), Note on the follow-up report of the OECD Working Group on Bribery, p. 2.  

90   Ministry of Justice (2022), Note on the follow-up report of the OECD Working Group on Bribery, p. 3.  
91   OECD (2022), Phase 4 evaluation of The Netherlands - Two Year Follow-up report, p. 6. 

11 

 
                                                           
transitory regime92 is in place, a definitive legislative amendment remains pending93. A study 
on  self-reporting94  of  foreign  bribery  cases  was  finalised95.  It  recognises  the  value  of  self-
investigation and self-reporting, but warns against possible risks, ranging from damages to and 
liability  of  the  company,  to  the  reliability  of  the  information  when  transferred  to  the 
prosecution.  The  study  concludes  that  increased  regulation  on  self-reporting  and  self-
investigation, in particular on the role of lawyers, the timeframe and the scope of such reports 
and of investigations, would be relevant96. The Government will need to consider the results 
of the study, as a recommendation by the OECD on this topic remains outstanding97. Legal 
difficulties  in  using  large  datasets  continue  to  impact  the  duration  of  some  foreign  bribery 
investigations98.  

Legislation  on  screening  of  police  officers  and  new  integrity  legislation  for  local 
authorities entered into force. Implementing rules of the new law on the improved screening 
of police officers and external consultants hired by the police entered into force on 1 January 
202399. The special manager for integrity within the police continues to mainstream integrity 
and to address corruption within the entire police force100. Further analysis on corruption risks 
within  the  police  is  ongoing101.  Legislation  aiming  to  strengthen  the  integrity  of  local  and 
regional  governments102  also  entered  into  force  on  1  January  2023103.  Local  government 
officials now have to declare their interests and assets, there are stricter rules for conflicts of 
interest and the role of the Commissioner of the King in integrity matters at local level104 has 

92    As  an  interim  solution,  an  independent  review  committee  was  put  in  place  to  approve  such  settlements. 
system  of 

However, 
introduce 
judicial oversight for non-trial resolutions are needed, which are are currently still pending. 

legislative 

to  offer 

certainty, 

reforms 

legal 

full 

to 

a 

93   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10 and OECD 

(2022), Phase 4 evaluation of The Netherlands - Two Year Follow-up report, p. 6. 

94   “Self-reporting” is the term used for companies coming forward themselves when they detect irregularities of 

current or former employees linked to foreign bribery.  

95   Scientific Research and Documentation Centre (2023), Press Release – What are the gains and risks of self 

investigation and self reporting of fraud and corruption?  

96   Ibid.  
97   Input from the Netherlands for the 2023 Rule of Law Report, p. 22. An OECD recommendation on this topic, 
remains unfulfilled. See OECD (2022), Phase 4 evaluation of The Netherlands - Two Year Follow-up report, 
pp. 5-7. 

98   2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10, Information 
received from joint meeting with law enforcement and prosecution in the context of the country visit to the 
Netherlands and Input from the Netherlands for the 2023 Rule of Law Report, p. 22. This also relates to the 
topic  of  legal  professional  privilege,  see  Section  I.  In  essence,  defence  lawyers  routinely  claim  legal 
professional privilege over certain datasets, sometimes preventing a full investigation.  

99   Ministry of Foreign Affairs, Appreciation of the Government of the European Commission 2022 Rule of Law 
Report, p. 12 and information received from a joint meeting with law enforcement and prosecution services in 
the context of the country visit to the Netherlands. See Ministry of Justice and Security, Decision on screening 
civil servants of police and police-externals of 3 October 2022. 

100  2022 Rule of Law  Report,  Country  Chapter on the  rule of law situation in the Netherlands, pp. 10-11 and 

Information received from the police in the context of the country visit to the Netherlands. 

101  Ibid. 
102  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11. 
103  Input from the Netherlands for the 2023 Rule of Law Report, p. 15. 
104  The Commissioner of the King is representative of the Government at provincial level.  

12 

 
                                                           
been expanded105. Additional legislation is being prepared to make it compulsory for certain 
local administrators to undergo a risk assessment106. 

Significant  progress  was  made  on  a  new  code  of  conduct  for  ministers  and  state 
secretaries as it was adopted. The 2022 Rule of Law Report recommended to the Netherlands 
to  “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”107.  The 
Government adopted such a Code of Conduct for Ministers and State Secretaries in December 
2022108. The Code of Conduct is a comprehensive document that bundles all current integrity 
rules for ministers, arising from letters to Parliament, the Integrity Code of Conduct for the 
Central  Government  Sector  and  the  Code  of  Good  Public  Administration.  This  includes 
provisions  on  conflicts  of  interest  and  integrity  related  matters  (for  example  gifts,  outside 
activities,  third  party  contacts  and  financial  assets),  both  during  their  mandate  and  prior  to 
taking it up. The topic of integrity will be discussed yearly at the Government meeting and a 
specific  integrity  training  will  be  developed109.  However,  the  code  does  not  include  an 
independent oversight and a sanctioning mechanism, following the advice by the Council of 
State according to which an external oversight and sanctioning body could be in breach of the 
Constitution. According to the Council of State, Parliament can exercise its scrutiny function 
(as a de facto “internal” oversight mechanism), as government members must resign if they 
lose the confidence of a parliamentary majority110. It would therefore be up to Parliament to 
take further steps in this regard. As such, disclosure of assets and interests remains largely an 
individual  responsibility  of  the  person  in  line  for  a  ministerial-level  post111.  A  sanctioning 
mechanism was specifically requested in the recommendation from GRECO112. Civil society 
welcomed  the  code  as  a  good  step  forward113.  An  integrity  adviser  for  ministers  and  state 
secretaries is scheduled to be appointed mid-2023114. As the Code of Conduct has been adopted 
there has been significant progress on the implementation of the recommendation made in the 
2022 Rule of Law Report.  

A  comprehensive  integrity  policy  was  adopted  by  the  government.  The  government 
adopted an integrity policy in public office on 25 April 2023. The document, the first such text 
in  20  years,  comprehensively  sets  out  a  vision  to  ensure  integrity  of  civil  servants  and 
politicians115. The policy focuses largely on providing an overall framework for integrity as 

105  Ministry  of  Interior  and  Kingdom  Relations  (2023),  Law  on  improving  integrity  and  functioning  of 

decentralised government – the most important changes as of 1 January 2023.  

106  Local  administrations  are  already  encouraged  to  voluntarily  apply  such  risk  analysis  while  awaiting  the 

complete legislation. Input from the Netherlands for the 2023 Rule of Law Report, p. 15. 

107  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 2. 
108  Input from the Netherlands for the 2023 Rule of Law Report, pp. 6-7 and 14 and written contribution by the 
Ministry of Interior and Kingdom Relations in the context of the country visit to the Netherlands. The code of 
conduct is publicly available.  

109  Input from the Netherlands for the 2023 Rule of Law Report, pp. 6-7 and 14 and written contribution by the 

Ministry of Interior and Kingdom Relations in the context of the country visit to the Netherlands. 

110  Input from the Netherlands for the 2023 Rule of Law Report, pp. 6-7 and Council of State (2022), Summary 

of the advice on sanctioning within the Code of Conduct for Ministers and State Secretaries.  
111  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12. 
112  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12 and GRECO 

Fifth Evaluation Round – Evaluation report, paras. 66-70.  

113  Information received from Transparency International in the context of the country visit to the Netherlands. 
114  Input from the Netherlands for the 2023 Rule of Law Report, p. 12. 
115  Ministry of Interior and Kingdom Relations (2023), Integrity policy in public office, pp. 1-2. 

13 

 
 
                                                           
well as creating and maintaining a culture of integrity within the civil service and government. 
While overall rules should be in place, they should be flexible and applicable on a case-by-case 
basis where needed116. The policy also reiterates the ongoing reforms in the areas of revolving 
doors and lobbying.   

For the first time, a Member of Parliament was sanctioned for violating integrity rules. 
Regarding integrity for Members of Parliament, the College of Investigation of Integrity (which 
treats complaints related to the Code of Conduct for Members of Parliament117) received 314 
complaints during 2022, although only 10 of those were admissible118. Two cases involved the 
non-reporting of extra-parliamentary functions by the same Member of Parliament and led to 
his suspension for one week by the Presidium of Parliament. It is the first time that a Member 
of  Parliament  is  sanctioned  for  violating  integrity  rules119.  Civil  society  has  called  for  an 
independent body, such as the College, to be given sanctioning power, and criticised the length 
of the sanction in this initial case120. The College cannot adopt sanctions on its own, but it can 
recommend that the Parliament Presidium does so. The College also indicates some difficulties 
in  investigating  complaints  concerning  extra-parliamentary  income,  as  it  can  only  rely  on 
public  sources121.  Media  reported  that  Members  of  Parliament  often  report  their  additional 
incomes after the legal deadline122. 

Some progress has been made on revised rules on revolving doors, as a legislative reform 
is  advancing,  while  the  mechanism’s  reliance  on  individual  responsibility  and  non-
binding advice might limit its effectiveness. The 2022 Rule of Law Report recommended to 
the  Netherlands  to  “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”. As announced last year123, the government is working on a legislative proposal to 
complete  the  reform  of  rules  on  revolving  doors.  This  proposal  was  submitted  for  public 
consultation in December 2022124. In essence, a former member of government would – for 
two years after leaving office – be obliged to get advice on new employment if the new function 

116  Ministry of Interior and Kingdom Relations (2023), Integrity policy in public office, pp. 8-16 
117  2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 
118 Compared to 108 complaints in 2022. College of Investigation of Integrity (2023), Annual Report 2022, pp. 4-

5. 

119  College of Investigation of Integrity (2022), Complaint on the non-registration of extraparliamentary functions 
at the Amsterdam Media Group by Members Baudet, Van Meijeren and Jansen; College of Investigation of 
Integrity (2022), Complaint on the non-registration of extraparliamentary functions by Member Baudet and 
NOS (2022), Large majority Tweede Kamer votes for week of suspension for Baudet. 

120  Written  contribution  by  the  College  of  Investigation  of  Integrity  in  the  context  of  the  country  visit  to  the 
Netherlands, information received from Transparency International in the context of the country visit to the 
Netherlands and NOS (2022), Baudet suspended but Parliament worries more about his conspiracy theories.  
121  Written  contribution  by  the  College  of  Investigation  of  Integrity  in  the  context  of  the  country  visit  to  the 

Netherlands. 

122  An  access  to  information  request  by  media  revealed  up  to  90  Members  of  Parliament  or  ex-Members  of 
Parliament  missing  the  legal  declaration  deadline.  NOS  (2022),  Dozens  of  Members  of  Parliament  do  not 
declare extra-parliamentary income in time.  

123  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12 and GRECO 
Fifth Evaluation Round – Evaluation report, recommendation vi para. 96. This follows a recommendation by 
GRECO, which had called upon the Netherlands to “introducing general rules dealing with post-employment 
restrictions before persons entrusted with top executive functions seek new employment in the private sector 
and/or are about to enter into such employment after their termination of functions in the public sector”.  
124  Input  from  the  Netherlands  for  the  2023  Rule  of  Law  Report,  p.  6  and  Government.nl  (2022),  Public 

Consultation – Law on Rules for former Ministers and State Secretaries.  

14 

 
 
                                                           
is  a  management  or  lobby  position  in  the  private  and  semi-private  sector.  An  advisory 
committee would then issue an opinion, which would be made public if the former government 
member does not follow it125. However, the system would nearly entirely rely on individual 
responsibility as there is no mechanism to verify if the former member of government requests 
the advice when warranted, possibly undermining its effectiveness. Furthermore, the advice is 
non-binding, and its publication in case of non-compliance is the only deterrent foreseen. As 
no further enforcement in case of non-compliance is foreseen, this could limit the effectiveness 
of  the  mechanism126.  The  proposal  remains  at  an  early  stage  and  is  not  expected  to  go  to 
Parliament before the end of 2023127. The Code of Conduct (see above) will be amended once 
this legislation passes128. Therefore, there has been some progress on the implementation of 
the recommendation made in the 2022 Rule of Law Report, as the rules still need to be finalised. 

The government announced an updated policy on transparency of lobbying ministers and 
state secretaries, although it does not introduce a transparency register. The Netherlands 
has a voluntary and publicly available lobbying register for the House of Representatives in 
place since 2012129. Following a study published in December 2022 on how a transparency 
register  for  ministers  and  state  secretaries  could  be  created130,  the  government  set-out  an 
updated policy in relation to lobbying of ministers and state secretaries in May 2023131. The 
policy  does  not  call  for  the  establishment  of  a  transparency  register  but  foresees  softer 
measures,  such  as  a  more  systematic  publication  of  the  agendas  of  ministers  and  state 
secretaries, and the inclusion of a legislative footprint in all legislation. It remains the individual 
responsibility of each minister or state secretary to implement these provisions132. As reasons 
for  not  introducing  a  transparency  register,  the  government  cites  the  difficulty  to  define 
“lobbyist” and its doubts as to the effectiveness  of such a register, although without further 
substantiating133. Civil society criticised the existing rules – including the voluntary lobbying 
register  of  the  House  of  Representatives  –  for  not  being  sufficiently  transparent  as  regards 
contacts  with  lobbyists,  and  recommended  the  introduction  of  a  compulsory  transparency 
register,  and  additional  measures  such  as  an  independent  authority  and  a  code  of  ethics  for 
lobbyists, for both Parliament and Government134. The new code of conduct for ministers and 
state secretaries does already include transparency provisions on contacts with third parties, 
including the advice to publish agendas. This, however, remains the individual responsibility 

125  Input from the Netherlands for the 2023 Rule of Law Report, p. 6. 
126  Information received from the Ministry of Justice and Security and Transparency International in the context 
of the country visit to the Netherlands. “Naming and shaming” is seen as the main sanctioning mechanism 
under this legislation. 

127  Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands. 

128 Government (2022), Code of Conduct for Ministers and State Secretaries, p. 13. 
129  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. 

130  Input from the Netherlands for the 2023 Rule of Law Report, p. 13. The study included such questions as the 

definition, administrative burden, and legitimate influence. 

131  Input from the Netherlands for the 2023 Rule of Law Report, p. 13, and information received from the Ministry 
of Interior and Kingdom Relations in the context of the country visit to the Netherlands and Ministry of Interior 
and  Kingdom  Relations  (2023),  Reaction  of  the  Cabinet  to  the  study  “Framework  on  legitimate  interest 
representation”. 

132  Ministry  of  Interior  and  Kingdom  Relations  (2023),  Reaction  of  the  Cabinet  to  the  study  “Framework  on 

legitimate interest representation”. 

133 Ibid. 
134 Transparency International Netherlands (2023), Lifting the lid on lobbying, pp. 7-9 

15 

 
 
                                                           
of  each  minister135.  The  planned  legislation  on  revolving  doors  would  formally  institute  a 
lobbying prohibition for former ministers and state secretaries to approach their own former 
Ministry during a period of two years, despite this already being regulated through a ministerial 
letter136.  

Political party financing legislation was revised to increase transparency, while further 
revisions  are  ongoing.  The  revised  Political  Party  Financing  law  entered  into  force  on  1 
January  2023  and  introduced  a  prohibition  on  foreign  donations  as  well  as  increased 
transparency and reporting obligations of gifts to political parties137. The government has put 
a  separate  draft  law,  on  political  parties,  up  for  public  consultation,  which  now  awaits 
government approval. The law aims to further strengthen transparency when parties apply for 
state  subsidies,  transparency  on  political  advertisements  and  transparency  of  the  parties  as 
regards their internal organisation. It would also introduce an independent authority to enforce 
the  rules.  Enforcement  could  include  a  prohibition  of  parties  that  undermine  democracy138. 
Civil society has welcomed these reforms139.  

Whistleblowing legislation was substantially revised, although stakeholders still see room 
for  improvement.  New  whistleblowing  legislation,  which  aims  at  transposing  the  EU 
Whistleblower  Directive,  entered  into  force  on  18  February  2023,  with  some  provisions 
entering  into  force  only  later  because  they  require  further  implementing  legislation140. 
Following amendments by the government and Parliament, the final law has a broader scope 
than the initial government proposal, including a more specific mandate of the Whistleblowers 
Authority  and  a  possibility  for  anonymous  reporting  (following  further  implementing 
legislation)141.  Reactions by stakeholders focused on the limited scope of the law and the lack 
of support for whistleblowers142.Following the evaluation of the Whistleblowers Authority Act 
(2020)  and  the  wishes  of  Parliament,  the  government  indicated  that  further  legislation  on 
whistleblowers,  including  the  establishment  of  a  fund  to  support  whistleblowers,  will  be 
prepared in 2023143. 

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 

135  Government (2022), Code of Conduct for Ministers and State Secretaries, pp. 11-12. 
136  Written contribution by the Ministry of Interior and Kingdom Relations in the context of the country visit to 
the Netherlands and input from the Netherlands for the 2023 Rule of Law Report, p. 6. The ministerial letter 
was discussed in the 2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, 
pp. 12-13. 

137  Input from the Netherlands for the 2023 Rule of Law Report, p. 14; 2022 Rule of Law Report, Country Chapter 
on the rule of law situation in the Netherlands, p. 13 and Government (2022), Senate approves amendment to 
the law on Financing of Political Parties.  

138  Input from the Netherlands for the 2023 Rule of Law Report, p. 14. 
139  Information received from Transparency International in the context of the country visit to the Netherlands. 
140  Ministry of Interior and Kingdom Relations (2023), Law on whistleblower protection has entered into force  
141  Some  of  these  provisions  go  beyond  the  requirements  of  the  EU  Directive,  such  as  anonymous  reporting. 
Written contribution by the Ministry of Interior and Kingdom Relations in the context of the country visit to 
the Netherlands. 

142  BNR  (2022),  Transparency  International:  “New  law  on  whistleblowing  is  toothless  tiger”  and  information 

received from Transparency International in the context of the country visit to the Netherlands. 

143  Input from the Netherlands for the 2023 Rule of Law Report, p. 16. 

16 

 
                                                           
level of independence in public service media governance and funding. A new advisory board 
has been established in September 2022 to promote plurality through a revised assessment of 
the admission and accountability criteria for new and existing public service media providers. 
The  Open  Government  Act  regulates  access  to  information  held  by  public  authorities  and 
bodies144. 

The Dutch Media Authority continues to work independently with adequate resources. 
There have been no changes related to the functional independence of the media authority (the 
Commissariaat voor de Media) or to its financial situation, which is considered adequate for 
the accomplishment of its tasks145. 

The  challenges  previously  identified  with  regard  to  transparency  of  media  ownership 
persist.  While  the  media  regulator  continues  to  issue  the  Mediamonitor,  making  media 
ownership information available to the public, it cannot force anyone to provide information. 
Recently, a major market player refused to share its ownership information146. The news media 
sector  continues  to  be  characterised  by  high  market  concentration,  with  three  companies 
holding 74% of market share in the radio sector and 77% in the TV sector; 94% of market share 
in  the  newspaper  sector  are  divided  among  two  companies147.  Consequently,  the  Media 
Pluralism Monitor identifies a very high risk of media concentration148. However, the planned 
merger  between  the  rival  media  companies  RTL  and  Talpa149  has  been  blocked  by  the 
competition authority because it would have led to higher prices for consumers150. The media 
regulator was consulted in the process in the same way as private stakeholders151. 

The independence of public service media governance and funding is guaranteed and a 
new  advisory  board  is  established  to  ensure  plurality.  The  Dutch  system  of  public 
broadcasting  traditionally  comprises  various  broadcasters  that  represent  different  groups  of 
society, currently 13, with a Foundation for Public Broadcasting (NPO) as the governing entity, 
tasked  with  the  distribution  and  financing  of  airtime152.  Until  summer  2022,  nothing  had 
changed in relation to governance and there is adequate funding for the public broadcaster153. 
In September 2022, the Government proposed a new assessment system for (future) national 
public  service  broadcasters  and  set  up  an  advisory  board  to  advise  on  admission  and 

144  The Netherlands rank 6th in the 2023 Reporters without Borders World Press Freedom Index compared to 

rank 28 in the previous year. 

145  Input from the Netherlands for the 2023 Rule of Law Report, p. 24; Contribution from the media regulator for 
the 2023 Rule of Law Report, p. 15; 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in the Netherlands, p. 14. 

146  Information received in the context of the country visit to the Netherlands from the media regulator. 
147  2023 Media Pluralism Monitor, country report Netherlands, p. 14, where it is also noted that this development 

has spread to the online sector. 

148  2023 Media Pluralism Monitor, country report Netherlands, p. 14. 
149  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 14. 
150  Authority for Consumers and Markets (ACM) (2023), ACM definitively blocks acquisition of media company 

Talpa by rival company RTL. 

151  Information received in the context of the country visit to the Netherlands from the media regulator. 
152  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 14; Information 

received in the context of the country visit to the Netherlands from the public broadcaster. 

153  Input  from  the  Netherlands  for  the  2023  Rule  of  Law  Report,  pp.  24-25;  2023  Media  Pluralism  Monitor, 
country report Netherlands, p. 17. For a description see 2022 Rule of Law Report, Country Chapter on the rule 
of  law  situation  in  the  Netherlands,  pp.  14-15.  According  to  European  Parliament’s  Flash  Eurobarometer: 
News & Media Survey 2022 (p. 37), 57% of respondents in the Netherlands stated that they trust public TV 
and radio stations, above the EU average of 49%. 

17 

 
                                                           
accountability criteria. The Government’s goal is to promote plurality154. Currently, the only 
criterion for admission is the number of paying members among the citizens, which casts into 
doubt  whether  a  prospective  broadcaster  represents  a  particular  group  of  society155.  Final 
recommendations  from  the  board  are  expected  for  July  2023  and  possible  legislative 
amendments  could  enter  into  force  in  summer  2025156.  The  NPO  can  also  sanction  a 
broadcaster for failure to comply with journalistic standards laid down in the “NPO code” and 
interpreted (in a non-binding manner) by an Ombudsman157. 

The application of the new legislation aimed at improving access to information is still 
subject to criticism. The Open Government  Act, which entered into force in May 2022158, 
introduced an obligation to  actively  disclose information and  established  an advisory  board 
tasked, amongst other things, with providing advice to the Government and Parliament on the 
implementation  of  regulations  regarding  the  disclosure  of  public  information,  and  with 
mediating between public authorities and journalists159 who have filed a complaint with the 
board  regarding  access  to  public  information160.  While  stakeholders  assess  the  board’s 
activities positively, they complain about the time it takes in practice to have a request answered 
and about the invocation of exceptions and report that the statutory period of four weeks which 
can be prolonged for another two weeks in complex cases161 is rarely met162. A study by the 
Open  State  Foundation  concluded  that  the  average  time  was  167  days  in  2022  and  that 
authorities were not yet adopting an open attitude towards disclosure of information163. 

Threats and physical violence against journalists remain an issue of concern, despite the 
Government’s  continued measures to counter this phenomenon.  The Council of Europe 
Platform to promote the protection of journalism and safety of journalists published four alerts 
for the Netherlands concerning online threats and intimidations as well as a case of ‘doxing’164. 

154  Letter from the Dutch State Secretary for Education, Culture and Science to Parliament of 9 September 2022; 
Framework note of the advisory board of 15 December 2022, p. 1; Information received in the context of the 
country visit to the Netherlands from the media regulator. 

155  Letter from the Dutch State Secretary for Education, Culture and Science to Parliament of 9 September 2022; 

Information received in the context of the country visit to the Netherlands from NPO. 

156  Framework  memorandum  of  the  advisory  board  of  15  December  2022, p.  11;  Information  received  in  the 

context of the country visit to the Netherlands from the Government. 

157  Information received in the context of the country visit to the Netherlands from NPO; Article 2.14a of the 
Media Act of 2008. The ultimate sanction is the revocation of the license, which the NPO asked the Media 
Minister to do in April 2023 with regard to the new broadcaster Ongehoord Nederland (see: NL Times (2023), 
NPO asks for license to be revoked). 

158  See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15. 
159 Or other stakeholders who requested information in a professional capacity. 
160  Chapter 7 of the Open Government Act. 
161  Article 4.4 of the Open Government Act. 
162  Information received in the context of the country visit to the Netherlands from the Association of Journalists 

and from NPO. 

163  Open State Foundation (2023), ‘Frosted glass’, p. 5; the study also concludes that the deadline was exceeded 
in 83 % of the cases (p. 16), whereas the Government’s annual report on operational management of May 2023 
indicates a percentage of 61,2 % of the cases (p. 68); see also 2022 Rule of Law Report, Country Chapter on 
the rule of law situation in the Netherlands, p. 20. 

164  Council of Europe Platform to promote the protection of journalism and safety of journalists – the Netherlands. 
The term ‘doxing’ means the act of publicly providing personally identifiable information about an individual 
or organization, usually via the Internet. In the concrete case the journalist’s home address and the address of 
his  children’s  school  were  revealed  on  social  media  and  a  Nazi  flag  sent  to  his  home.  The  platform  also 
published a case where a camera and a tripod were robbed with the journalist being punched in the face; the 
motive here seems to be different from the usual attacks. 

18 

 
                                                           
The ‘PersVeilig’ platform for the support of journalists, initiated by the Dutch Association of 
Journalists  and  adequately  funded  by  the  Government  165,  counts  198  reported  incidents  in 
2022, including 33 cases of physical  violence166.  In December 2022 PersVeilig published a 
study  concerning  online  harassment  against  female  journalists  which  revealed  that  82%  of 
female journalists reported having experienced some form of online aggression167. PersVeilig 
plans to follow up on the study before summer 2023168. A recent study commissioned by the 
Government  recommends  stricter  compliance  of  police  and  prosecution  services  with  the 
PersVeilig protocol, the promotion of media literacy, measures targeted to the specific situation 
of the victim and quicker removal of online hate speech169. The Government committed already 
in June 2022 to boost awareness among citizens regarding the role of journalism and to tackle 
online intimidation170, with the latter objective facing difficulties vis-à-vis Twitter171, the most 
frequently used platform by journalists172. In February 2023 the Lower Chamber of Parliament 
approved a Government bill which would make doxing a crime with a punishment of up to two 
years of imprisonment173. The Upper Chamber still has to vote on it. Stakeholders welcomed 
this  law174.  The  Association  of  Journalists  and  NPO  reported  that  strategic  lawsuits  against 
public participation were not a systematic issue175. Concerns expressed in previous years by 
stakeholders regarding the surveillance of journalists176 became more pressing in June 2022 
when a journalist said she discovered from information received from the intelligence services 
that she had been subject to their surveillance  for almost 35 years177. Without referring to the 
specific case178, the Government responded in general terms that an investigation of a journalist 
by the security and intelligence services is done only under special procedural safeguards in 
case  of  ‘exceptional  and  compelling  reasons  regarding  national  security’179.  The  trial 
concerning the 2021 murder of crime reporter Peter R. de Vries by organised crime is ongoing 

165 Information received in the context of the country visit to the Netherlands from the Association of Journalists; 
Joint letter from the State Secretary of culture and media and the Minister of security and justice to Parliament 
of 25 May 2023 with a progress report on press freedom and press security, p. 4, pointing to the continuation 
of structural financing as of 2025 on. 

166  PersVeilig, Analysis of notifications. In 2021, 272 cases were reported. It has to be noted that many journalists 
do not report attacks (Erasmus School of Law, Images of violence – A mixed-method study into violence and 
aggression against journalists – Summary (February 2023), p. 6; PersVeilig, Analyse meldingen). 

167  Dutch Association of Journalists (2022), Results of research on female journalists and safety. 
168  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Dutch  Association  of 

Journalists. 

169  Erasmus School of Law, Images of violence, p. 15. 
170  Joint letter from the State Secretary of culture and media and the Minister of security and justice to Parliament 

of 29 June 2022, pp. 5-6. 

171  Information received in the context of the country visit to the Netherlands from the Government, from NPO 

and from the Association of Journalists. 

172  Erasmus School of Law, Images of violence, p. 6. 
173  Draft law #36171 to criminalise the use of personal data for intimidating purposes and to add an Article 285d 

to the Penal Code. 

174  Information received in the context of the country visit to the Netherlands from the Association of Journalists 

and from NPO. 

175  Information received in the context of the country visit to the Netherlands from the Association of Journalists 

and from NPO. 

176  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11; 2022 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 15-16. 

177  Council of Europe Platform to promote the protection of journalism and safety of journalists – the Netherlands, 

Dutch Journalist Stella Braam Spied On For Almost 35 Years. 

178 According to the Government, it is legally required not to discuss details of a specific case. 
179  Council of Europe Platform, Dutch Journalist Stella Braam Spied On For Almost 35 Years, State reply. 

19 

 
                                                           
after it had to be re-started in November 2022 for reasons of procedural law, after which four 
new suspects were added to the trial180. 

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  legislation181.  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.  

Some  progress  has  been  made  to  address  potential  structural  issues  following  the 
childcare  allowances  affair,  with  all  three  state  powers  continuing  to  engage,  while 
victims’ compensation is progressing slowly. The 2022 Rule of Law Report recommended 
to the Netherlands to “continue efforts to ensure a comprehensive follow-up to the childcare 
allowances  affair  to  address  the  potential  structural  issues,  involving  all  relevant  state 
authorities”182. In April 2022, the Government announced a number of measures regarding the 
executive, legislative, and judicial branch in  response to  the  recommendations  made by the 
Venice  Commission183.  It  is,  for  instance,  preparing  an  amendment  to  the  General 
Administrative Law to strengten the rights of individuals in relation to the State184. It is also 
seeking to improve the quality of legislation, including by identifying where legislation has 
had an unduly harsh impact on individuals185. Furthermore, on 1 July 2022, the Government 
sent a letter to Parliament outlining options for a system of judicial constitutional review of 
legislation186. The newly established State Commission on the functioning of the rule of law187 

180  Dutch News NL, Peter R de Vries murder trial reopens with six suspects, 6 January 2023; Information received 
in the context of the country visit to the Netherlands from the Government. The report by the Dutch Safety 
Board, and the Justice Minister’s response to it, both mentioned above in the context of better protection for 
key witnesses in criminal proceedings (in the Chapter ‘Justice Systems’ on p. 6) also concern that murder. 
181  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. For Acts of Parliament review is possible against directly effective treaties; 
Figure 64, 2023 EU Justice Scoreboard.  

182  See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 16-

18. 

183  Venice Commission, Netherlands-Opinion on the Legal Protection of Citizens, CDL-AD (2021)03 adopted 
on  15-16  October  2021,  paragraphs  134-137  in  particular.  Cabinet  response  to  the  report  of  the  Venice 
Commission 'The Netherlands - Opinion on the Legal Protection of Citizens', 12 April 2022. 

184  Informal and formal (internet) consultations on the draft legislation will take place during 2023. Input from 

the Netherlands for the 2023 Rule of Law Report. 

185  Input  from  the  Netherlands  for  the  2023  Rule  of  Law  Report;  2022  Report  on  the  Rule  of  Law  in  the 

Netherlands, p. 16. 

186  In the letter to Parliament, the Government, taking into account the opinions of the Supreme Court and Council 
for the Judiciary, expressed its preference for a system wherein every judge can review the compatibility of 
Acts  of  Parliament  with  certain  freedom  rights  guaranteed  by  the  Dutch  constitution,  see  Ministry  of  the 
Interior and Kingdom Relations, Outline letter constitutional review, 1 July 2022. A concrete proposal may be 
expected in 2023. Input from the Netherlands for the 2023 Rule of Law Report.  

187  Decree of 10 February 2023, No 2023000264 establishing a State Commission on the Rule of Law; The State 
Commission is tasked with advising the Government on legislative proposals and measures to promote the 
rule of law, seen from a citizen’s perspective, and considered in the context of the mutual relationship between 
the state powers; Stakeholders have welcomed the establishment of the State Commission, while indicating 
that this should not be a reason to delay the implementation of urgent measures necessary to address issues 

20 

 
                                                           
is to make recommendations on structural changes needed to enhance the rule of law from a 
citizens’ perspective by June 2024. The judiciary continues to draw lessons from the childcare 
allowances  affair,  within  its  competences188.  The  Supreme  Court  and  the  Council  for  the 
Judiciary  are  using  their  annual  reports  to  flag  potentially  problematic  rules189.  Family  law 
judges produced a report setting out avenues for offering children and parents sufficient legal 
protection  in  complex  circumstances190.  Following  investigations  indicating  that  the  tax 
authorities had not respected the principle of equal treatment and non-discrimination in their 
approach  to  combat  fraud,  a  Parliamentary  Committee  of  Inquiry  was  set  up  in  February 
2023191. This shows that all three state powers are engaging in a follow-up to the childcare 
allowance  affair.  Most  of  these  initiatives  are  still  in  the  preparatory  or  adoption  phase. 
Furthermore,  delays  in  compensating  victims  of  the  childcare  allowances  affair  need  to  be 
swiftly  resolved192.  The  National  Ombudsman  has  indicated  that  due  to  the  delays,  many 
victims  still  face  uncertainty193.  The  Netherlands  Bar  noted  that  lawyers  have  halted  their 
cooperation with the executive organisation responsible for the implementation of the recovery 
process  following  concerns  about  its  long  decision-making  procedure194  on  compensations. 

that led to the child allowances affair. Information received from the National Ombudsman and the Council 
for Public Administration in the context of the country visit to the Netherlands. Additionally, the Government 
has appointed a National Coordinator against Discrimination and Racism and established a State Commission 
against Racism and Discrimination on 1 May 2022. Its mandate includes an investigation into discrimination 
and ethnic profiling within the Government; The NIHR has called on the Government to bring government 
action within the scope of Equality legislation in an advice to the minister of 20 March 2023. 

188  Council of State, Lessons from childcare allowance cases, Reflection report of the Administrative Jurisdiction 
Division of the Council of State, November 2021. One of the conclusions is that in order to avoid injustice in 
the future, legal protection of citizens should be given more importance vis-à-vis unity of the law and legal 
certainty. 

189  Information received from the Supreme Court and the Council for the Judiciary in the context of the country 

visit to the Netherlands. 

190  Doing justice to children and parents, Report of the reflection committee family and juvenile judges of the 
courts  and  tribunals,  February  2023.  The  report  states  that  parents  feel  insufficiently  heard  in  family  and 
juvenile law cases, that juvenile law judges must adopt a more active and curious attitude. 

191  The Committee investigation will include the role of Parliament and the use of discriminatory risk profiles, 
concluding in January 2024. A particular issue will be the use of algorithms by public authorities that led to 
the childcare allowances affair has been discontinued by the national tax authorities, similar algorithms are 
reportedly  still  being  used  at  local  level.  Information  received  from  Nederlands  Juristen  Comité  voor  de 
Mensenrechten (NJCM) in the context of the country visit to the Netherlands. The Netherlands Institute for 
Human Rights has called upon local authorities to use a Human rights and algorithms impact assessment before 
implementing such algorithms. Netherlands Institute for Human Rights (NIHR), Persistent incorrect use of 
algorithms by governments requires a binding discrimination test, 15 July 2022.  

192  Parliament frequently debates progress reports on the recovery process of parents and their children affected 
by the allowances’ affair. Support is provided in terms of compensation for amounts wrongly reclaimed with 
an initial lump sum based on an ‘integral assessment’, potentially followed by a more in-depth assessment. 
Until the end of 2022, more than 59,000 people have registered as possible victims. The recovery operation 
was originally set up for a smaller number of parents. The executive organisation (UHT) responsible for the 
implementation  of  the  recovery  process  has  not  always  been  able  to  keep  up  with  this  increase.  The 
Government aims at increasing the UHT staff and completing 90% of the integral assessments in the  first 
quarter of 2025, and the final 10% in the following six months. By the end of 2026, the process of objection 
to the first review and the integral assessment should be completed for all registered parents. 

193  Information received from the National Ombudsman in the context of the country visit to the Netherlands; 

National Ombudsman, Report – Complaint well-founded, but no solution, 11 October 2021.  

194  Information received from the Dutch Bar Association in the context of the country visit to the Netherlands; 
Advocatenblad,  Lawyers  ‘recovery  process  allowances  completely  stuck’,  April  4,  2023.  In  particular,  the 
Dutch Bar Association submits that the recovery operation is stalling due to the complex regulations and the 
unnecessary legalisation of every step in the process by the agencies involved, leading to re-victimisation and 

21 

 
                                                           
Therefore, there has been some progress on the implementation of the recommendation made 
in the 2022 Rule of Law Report. 

Legislation to introduce a permanent legal basis for adopting crisis measures was adopted 
by  Parliament.  Following  the  adoption  of  the  Temporary  Act  on  COVID-19  measures195, 
Parliament approved the prolongation of the duration of the Act several times upon the proposal 
of the Government196. The Senate rejected the fifth prolongation, and thus the Temporary Act 
expired on 20 May 2022. The Government subsequently prepared an amendment of the Public 
Health Act to provide for a permanent legal basis for measures to address crisis situations197. 
This legislation was adopted on 23 May 2023198. As regards the way in which the Government 
managed the COVID-19 pandemic in the period from its start until September 2020, the Dutch 
Safety  Board  has  made  a  number  of  recommendations  for  improving  the  approach  to 
addressing  future  pandemic  situations199.  In  2022,  the  Dutch  Supreme  Court  issued  various 
rulings related to the COVID-19 pandemic200. A full parliamentary inquiry will further examine 
the  Government’s  handling  of  the  COVID-19  pandemic,  including  the  institutional 
implications.  

The Netherlands Institute for Human Rights has continued to play an active role, despite 
governance  issues.  The  NIHR,  accredited  with  an  A-status201,  has  notably  continued  to 
investigate  the  effect  of  discrimination  on  decision-making  processes  by  administrative 
authorities as a follow-up to the childcare allowances affair202. The budget of the NIHR hasbeen 
raised  by  about  10%  since  2020203.  In  January  2023  four  of  the  eight  college  members 

potentially a new affair; Information received from the Dutch Bar Association in the context of the country 
visit to the Netherlands. 

195  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12.  
196  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. 

197  Amendment  of  the  Public  Health  Act  in  connection  with  combating  an  epidemic  of  infectious  diseases 

belonging to group A1, or a direct threat thereof. 

198  Act  of  24  May  2023  amending  the  Public  Health  Act  in  connection  with  the  control  of  an  epidemic  of 
infectious diseases belonging to group A1, or a direct threat thereof, Official Journal of the Kingdom of the 
Netherlands 2023, 184. 

199  Dutch Safety Board, Approach corona-crisis – Part 1: until September 2020, 16 February 2022.  
200  HR  18  March  2022,  ECLI:NL:HR:2022:380;  In  this  case,  the  question  is  at  stake  whether  the  Dutch          
Government was able to rightfully impose an evening curfew in the Netherlands, to avoid the spread of the 
Covid-19  virus;  See  also:  HR  22  April  2022,  ECLI:NL:HR:2022:628;  HR  11  January  2022, 
ECLI:NL:HR:2022:3.  

201  Accreditation  is  provided  by  the  Global  Alliance  of  National  Human  Rights  Institutions  (GANHRI);  The 
NIHR  was  re-accredited  in  December  2020,  see  GANHRI  Sub-Committee  on  Accreditation  Report  – 
December 2020. Accreditation is based on the Principles relating to the Status of National Institutions (The 
Paris Principles), adopted by the United Nations General Assembly resolution 48/134 of 20 December 1993.  
202  2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 19; Input from 
the NIHR for the 2023 Rule of Law Report; The NIHR determined in 2022 based on its preliminary research 
into the effects of the methods and processes of the Tax and Customs Administration, that the harsh fraud 
approach of the tax authorities in the childcare allowance, parents with a foreign background structurally more 
often affected than parents with a Dutch descent. The tax authorities must now demonstrate per complaint that 
these parents have not, or not wrongly been treated unequally. With the program Beyond prejudices, the NIHR 
is also committed to increasing awareness through training and awareness implementing organizations based 
on discrimination of race to detect and counteract; NIHR year plan 2023, p. 5. 

203  Input from the Netherlands Institute for Human Rights for the 2023 Rule of Law Report. At that moment of 
A status re-accreditation in December 2020, the sub-committee on Accreditation Report noted that the budget 
was at the minimum necessary to carry out its mandate, ibidem. 

22 

 
                                                           
complained to the Ministry of Justice about the conduct of the chair204. The Ministry is now 
having  the  complaints  investigated  by  an  independent  committee,  whose  report  is  expected 
after the summer205. Following the temporary leave of the current chair, on 15 June 2023 an 
interim chair was appointed at the request of the NIHR’s Advisory Board206. 

On 1 January 2023, the Netherlands had four leading judgments of the European Court 
of Human Rights pending implementation, a decrease of four compared to the previous 
year207. At that time, the Netherlands’ rate of leading judgments from the past 10 years that 
remained pending was at 29% (compared to 40% in 2022), the average time that the judgments 
had been pending implementation is 3 years and 7 months (compared to 2 years and 10 months 
in  2022)208.  The  oldest  leading  case,  pending  implementation  for  6  years,  concerns  the 
irreducibility of a life sentence imposed on a prisoner suffering from mental illness209. On 15 
June 2023, the number of leading judgments pending implementation remains four210. 

The  landscape  for  civil  society  organisations  continues  to  be  open,  while  some 
shortcomings have been reported regarding restrictions to the right to demonstrate. The 
Netherlands  continues  to  have  an  open  civil  society  landscape211.  Some  shortcomings  have 
been reported regarding limitations to the exercise of the right to demonstrate212. Stakeholders 
reported that there is a lack of knowledge about what the right to demonstrate entails, given 
that  the  mayors  often  take  quick  decisions  to  curb  or  ban  a  protest  based  on  security 
considerations and that certain preventive and repressive actions undertaken by the police are 
disproportionate213. The Netherlands Institute for Human Rights and the CSOs called on public 
authorities to promote and facilitate the exercise of the fundamental right to demonstrate and 

204  NOS news, Human rights institute crisis escalates, college 'paralysed', 24 May 2023; Netherlands Institute for 

Human Rights, Developments within the College, 11 May 2023. 

205  Ibid. 
206  In  addition,  on  16  June  2023  the  Dutch  Council  of  Ministers  approved  the  appointment  of  five  additional 
deputy Members of the College. Input received from the Netherlands for the 2023 Rule of Law Report.  
207  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. 

208  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 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 6. 

209  Judgment of the European Court of Human Rights of 26 April 2016, Murray v. the Netherlands, 10511/10, 

pending implementation since 2016. 

210  Data according to the online database of the Council of Europe (HUDOC). 
211  See the rating given by CIVICUS, ratings are on a five-category scale defined as: open, narrowed, obstructed, 

repressed, and closed. 

212  Fundamental Rights Agency, An update on developments regarding civic space in the EU and an overview of 

the possibilities for human rights defenders to enter EU territory, The Netherlands, p. 3. 

213  Amnesty International, Right to demonstrate under pressure, Rules and practice must improve, 11 November 
2022; The investigative journalism collective  Investico found that protesters and their family  members are 
extensively profiled and that in certain cases, protesters are pre-emptively arrested by the police; Investigo, 
Research:  Demonstration  rights  under  pressure,  from  coffee  to  being  beaten,  22  March  2023;  Amnesty 
International, Netherlands: Unchecked Power: ID Checks and Collection of Data from Peaceful Protesters in 
the Netherlands 31 May 2023. 

23 

 
 
                                                           
to  limit  the  use  of  criminal  law  measures  against  protesters  given  their  chilling  effect214. 
Following criticism of the draft legislation aimed at preventing undesirable foreign influence 
by an increased scrutiny of the funding of CSOs215, the Government modified the draft, which 
is now pending in Parliament216. Furthermore, stakeholders drew attention to existing and draft 
legislation expanding the possibilities to ban certain CSOs in the interest of public order217 and 
as  well  as  to  developments  regarding  draft  legislation  that  grants  additional  powers  to  the 
national  Coordinator  for  Counterterrorism  and  Security  (NCTV)  to  collect  personal 
information for anti-terrorism purposes218. 

214  Netherlands  Institute  for  Human  Rights,  Demonstration  law  under  pressure,  according  to  arrest  of  climate 
activists, January 31, 2023; Information received from the Nederlands Juristen Comité voor de Mensenrechten 
(NJCM) in the context of the country visit to the Netherlands. 

215  See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 20. 
216  In the draft legislation, the distinction based on the origin of donations to CSOs has been removed and it has 
been clarified that a court has to confirm the use of sanctioning powers. According to stakeholders, certain 
concerns remain, notably as regards the wide margin of appreciation that mayors would have in deciding to 
request information from CSOs on donations and to impose penalty payments to enforce such requests. 
217  Legislative initiative-Kuiken, Van Wijngaarden, Van der Graaf and Van der Staaij Administrative Prohibition 
Subversive Organisations Act; See also 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in the Netherlands, p. 20. 

218  Changes to the proposed law have been announced by the Minister of Justice on 17 March 2023. According 
to the minister the “analysing function” of the NCTV, which involves the collection and analysis of (sensitive) 
personal data, is to be scaled down and will be in place only where it is necessary to support the “coordination 
function” of the NCTV. Also a Data Protection Officer will be put in place. The contents of the new proposal 
or  amendment  are  not  yet  published;  Information  received  from  Nederlands  Juristen  Comité  voor  de 
Mensenrechten (NJCM) in the context of the country visit to the Netherlands. 

24 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

Advocatenblad  (2023),  Lawyers  ‘recovery  process  allowances  completely  stuck’  (Advocaten 
‘hersteloperatie 
toeslagen  zit  muurvast’),  https://www.advocatenblad.nl/2023/04/04/advocaten-
hersteloperatie-toeslagen-zit-muurvast/. 

ARQ Knowledge Center (2022), ARQ Knowledge Center Impact of Disasters and Crises, psychosocial 
consequences 
judges, 
https://www.rijksoverheid.nl/documenten/rapporten/2023/01/27/tk-bijlage-onderzoeksrapportage-
psychosociale-gevolgen-van-dreiging-en-beveiliging-bij-advocaten-en-rechters.  

security  measures 

lawyers 

threats 

and 

and 

on 

of 

Amnesty International (2022) Right to demonstrate under pressure, Rules and practice must improve 
(Demonstratierecht  onder druk,  Regels  en  praktijk in  Nederland  moeten beter),  11  November  2022 
https://www.amnesty.nl/content/uploads/2022/11/AMN_22_33_demonstratierecht-onder-
druk.pdf?x44177.  

Amnesty International (2023), Amnesty International, Netherlands: Unchecked Power: ID Checks and 
Netherlands 
Collection 
https://www.amnesty.org/en/documents/eur35/6650/2023/en/.  

Protesters 

Peaceful 

Data 

from 

the 

of 

in 

Authority for Consumers and Markets (2023), ACM definitively blocks acquisition of media company 
Talpa by rival company RTL https://www.acm.nl/en/publications/acm-definitively-blocks-acquisition-
media-company-talpa-rival-company-rtl.  

BNR  (2022),  Transparency  International:  “New  law  on  whistleblowing  is  toothless  tiger” 
(Transparency International: 'Nieuwe klokkenluider-wet tandeloze tijger'),  

Capgemini  (2022),  Time-use  survey  jurisprudence  2021  (Tijdsbestedingsonderzoek  Rechtsspraak), 
Techspeak 2021.  

Centre for Media Pluralism and Media Freedom (2023), 2023 Media Pluralism Monitor, country report 
Netherlands (forthcoming). 

College of Investigation of Integrity (2022), Complaint on the non-registration of extraparliamentary 
functions at the Amsterdam Media Group by Members Baudet, Van Meijeren and Jansen (Klacht over 
niet  registreren  nevenfunctie  en  eventuele  neveninkomsten  bij  Amsterdam  Media  Group  by  door 
Kamerleden  Baudet,  Van  Meijeren  en  Jansen),  https://www.tweedekamer.nl/sites/default/files/2022-
10/Rapportage%20Klacht%20over%20niet%20registreren%20nevenfunctie%20en%20eventuele%20
neveninkomsten%2028%20september%202022.pdf.  

College of Investigation of Integrity (2022), Complaint on the non-registration of extraparliamentary 
functions by Member Baudet (Klacht Niet Registreren Nevenfuncties door Kamerlid Baudet).  

Investigation  of 

College  of 
https://www.tweedekamer.nl/sites/default/files/2023-
05/202303%20College%20van%20onderzoek%20integriteit%20Jaarverslag%202022.pdf.  

(2023),  Annual 

report  2022 

Integrity 

(Jaarverslag  2022), 

Council of Europe,  Platform to promote the protection of journalism and safety of journalists  – the 
Netherlands https://fom.coe.int/en/pays/detail/11709554.  

Council  of  Europe  (2010),  Committee  of  Ministers  of  the  Council  of  Europe,  Recommendation 
CM/Rec(2000)19 
https://rm.coe.int/16807096c1#:~:text=Recommendation%20CM%2FRec%282010%2912%20on%20
the%20independence%2C%20effi%20ciency%20and,and%20independence%20and%20clarify%20th
eir%20duties%20and%20responsibilities.  

responsibilities 

independence, 

efficiency 

and 

the 

on 

of 

judges   

25 

 
Council  of  State  (2021),    Lessons  from  childcare  allowance  cases,  Reflection  report  of  the 
Administrative Jurisdiction Division of the Council of State (Lessen uit de kinder-opvangtoeslagzaken, 
Reflectierapport van de Afdeling bestuursrechtsspraak van de Raad van State),. 

Council  of  State  (2021),  Advice  on  the  change  in  the  Constitution  of  the  provision  regarding  the 
appointment of the members of the Supreme Court of the Netherlands (Verandering in de Grondwet 
van de bepaling inzake de benoeming van de leden van de Hoge Raad der Nederlanden), 7 April 2021, 
https://www.raadvanstate.nl/@123791/w01-20-0485/.  

Council of State (2022), Bill by member Groothuizen (Expiration of Special Powers of Design of the 
Public  Prosecution  Service  Act),  Voorstel  van  wet  van  het  lid  Groothuizen  (Wet  verval  bijzondere 
aanwijzingsbevoegdheden openbaar ministerie), 19 May 2022  

https://www.raadvanstate.nl/actueel/nieuws/mei/advies-wet-aanwijzingsbevoegdheden-
om/@125039/w16-21-0086-ii/. 

Council  of  State  (2022),  Summary  of  the  advice  on  sanctioning  within  the  Code  of  Conduct  for 
Ministers  and  State  Secretaries  (Samenvatting  voorlichting  sanctionering  gedragscode  voor 
bewindspersonen),  https://www.raadvanstate.nl/actueel/nieuws/november/samenvatting-voorlichting-
gedragscode/#highlight=integriteit. 

Dutch Association of Journalists (NVJ) (2022), Results of research on women journalists and security 
(Resultaten onderzoek vrouwelijke journalisten en veiligheid), https://www.nvj.nl/themas/onderzoek-
persveilig-vrouwelijke-journalisten-en-veiligheid/resultaten-onderzoek.  

Dutch  Judiciary  Association  (2021),  Letter  of  Dutch  Judiciary  Association  to  D66  party,  
https://nvvr.org/uploads/documenten/adviezen/731.-Aanwijzingsbevoegdheid-definitief.pdf.  

Dutch Safety Board (2023), Surveillance and protection, lessons from three security situations 2023, 
https://www.onderzoeksraad.nl/en/page/19662/surveillance-and-protection.-lessons-from-three-
security-situations. 

Erasmus School of Law, Erasmus Universiteit Rotterdam (2023), Images of violence – A mixed-method 
study 
Summary  
https://repository.wodc.nl/bitstream/handle/20.500.12832/3255/3331-beelden-van-geweld-
summary.pdf?sequence=3&isAllowed=y.  

aggression 

journalists 

violence 

against 

into 

and 

– 

European  Parliament 
https://europa.eu/eurobarometer/surveys/detail/2832.  

(2022),  Flash  Eurobarometer,  News  &  Media  Survey  2022, 

Family judges (2023), Doing justice to children and parents, Report of the reflection committee family 
and juvenile judges of the courts and tribunals (Recht doen aan kinderen en ouders, Rapport van de 
reflectiecommissie familie – en jeugdrechters van de rechtbanken en gerechtshoven), February 2023, 
https://www.rechtspraak.nl/SiteCollectionDocuments/Publicatie%20Reflectietraject%20Familie%20J
eugd.pdf. 

Franet,  Article  1,  Dutch  Knowledge  Centre  on  Discrimination  (2023),  Country  research  -  Legal 
environment  and  space  of  civil  society  organisations  in  supporting  fundamental  rights  –  The 
Netherlands,  Vienna,  EU  Agency  for  Fundamental  Rights  https://fra.europa.eu/en/country-
data/2023/civic-space-report-2023 

Investigo (2023), Onderzoek: Demonstratierecht in de knel, van koffie naar klappen, 22 March 2023  
https://www.platform-investico.nl/artikel/onderzoek-demonstratierecht-in-de-knel/.  

Lower House (Tweede Kamer) 2021, Law on the Expiration of Special Powers of Instruction for the 
Public Prosecution Service Act (Wet verval bijzondere aanwijzingsbevoegdheden openbaar ministerie) 
Kamerstukken, 
2021 
nr 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A35768.  

March 

768, 

35 

16 

1, 

26 

 
Netherlands Institute for Human Rights (2022), Persistent incorrect use of algorithms by governments 
requires a binding discrimination test (Aanhoudend foutief gebruik algoritmes door overheden vraagt 
om 
2022  
https://www.mensenrechten.nl/actueel/toegelicht/toegelicht/2022/aanhoudend-foutief-gebruik-
algoritmes-door-overheden-vraagt-om-bindende-discriminatietoets.  

discriminatietoets), 

bindende 

July 

15 

Netherlands Institute for Human Rights (2023), Demonstration right under pressure, according 27ot he 
arrest  of  climate  activists  (Demonstratierecht  onder  druk,  blijkt  uit  aanhouding  klimaatactivisten)  
https://www.mensenrechten.nl/actueel/nieuws/2023/01/31/demonstratierecht-onder-druk-blijkt-uit-
aanhouding-klimaatactivisten.  

Netherlands  Institute  for  Human  Rights  (2023),  Advice  to  the  minister:  Strengthen  legal  protection 
against  discrimination  by  the  government  (Advies  aan  minister:  Verstevig  rechtsbescherming  tegen 
2023. 
discriminatie 
https://www.mensenrechten.nl/actueel/nieuws/2023/03/20/advies-aan-minister-verstevig-
rechtsbescherming-tegen-discriminatie-door-de-overheid 

overheid), 

March 

door 

20 

de 

Netherlands  Institute  for  Human  Rights  (2023),  Developments  within  the  College  (Ontwikkelingen 
binnen 
2023, 
https://www.mensenrechten.nl/actueel/nieuws/2023/05/11/ontwikkelingen-binnen-het-college. 

College), 

May 

het 

11 

Netherlands Institute for Human Rights, Interim Chair Netherlands Institute fror Human Rihts (Interim 
2023, 
voorzitter 
https://www.mensenrechten.nl/actueel/nieuws/2023/06/15/interim-voorzitter-college-voor-de-rechten-
van-de-mens 

de  Mens), 

Rechten 

College 

June 

voor 

van 

15, 

de 

Netherlands  Government  (2022),  Cabinet  response  to  the  report  of  the  Venice  Commission  ‘The 
Netherlands – Opinion on the Legal Protection of Citizens’ ( Kabinetsreactie op het rapport van de 
Venetiëcommissie, ‘The Netherlands – Opinion on the Legal Protection of Citizens’), 12 April 2022, 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2022D14571&did=2022D145
71.  

Netherlands Government (2022), Bill 36243 - Amendment of various laws in the interest of honest, 
independent and impartial judiciary (Wetsvoorstel 36243 - Wijziging van verschillende wetten in het 
belang  van 
integere,  onafhankelijke  en  onpartijdige  rechtspraak),  8  November  2022, 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A36243.  

Netherlands Government (2022), Code of Conduct for Ministers and State Secretaries (Gedragscode 
bewindspersonen), 
voor 
integriteitsregels 
https://www.rijksoverheid.nl/actueel/nieuws/2022/12/23/gedragscode-integriteitsregels-voor-
bewindspersonen.  

Netherlands  Government  (2022),  Senate  approves  amendment  to  the  law  on  Financing  of  Political 
financiering  politieke  partijen), 
in  met  wijziging  Wet 
Parties 
https://www.rijksoverheid.nl/actueel/nieuws/2022/10/18/eerste-kamer-stemt-in-met-wijziging-wet-
financiering-politieke-partijen. 

(Eerste  Kamer 

stemt 

Netherlands Government (2022), Public Consultation – Law on Rules for former Ministes and State 
Secretaries 
bewindspersonen), 
– 
https://www.internetconsultatie.nl/integriteitgewezenbewindspersonen/b1. 

(Consultatie 

gewezen 

regels 

Wet 

Netherlands Government (2022), Ministry of the Interior and Kingdom Relations, Outline letter 
constitutional review (Ministerie van Binnenlandse Zaken en Koninkrijksrelaties, Hoofdlijnenbrief 
constitutionele toetsing, 1 July 2022, Kamerstukken II, 2021/22, 35925, 35925-VI, nr. 169), 
https://open.overheid.nl/documenten/ronl-a7bd1d41553e52ef29b8c3b6d91345364b9696eb/pdf. 

Netherlands Government (2022), Letter of the State Secretary of Education, Culture and Science to 
Parliament  regarding  an  advisory  board  for  national  public  broadcasting  (Kamerbrief  Instelling 

27 

 
Adviescollege  landelijke  publieke  omroep),  https://www.rijksoverheid.nl/ministeries/ministerie-van-
onderwijs-cultuur-en-wetenschap/documenten/kamerstukken/2022/09/09/kamerbrief-instelling-
adviescollege-landelijke-publieke-omroep. 

Netherlands  Government  (2022),  Framework  memorandum  of  the  Advisory  Board  on  Public 
Omroep), 
het 
Broadcasting 
https://www.rijksoverheid.nl/ministeries/ministerie-van-onderwijs-cultuur-en-
wetenschap/documenten/rapporten/2022/12/15/kadernotitie-adviescollege-publieke-omroep.  

Adviescollege 

(Kadernotitie 

Publieke 

van 

Netherlands Government (2023), Further report on the proposal for a Kingdom Act declaring that there 
are grounds to consider a proposal to amend the provision in the Constitution regarding the appointment 
of the members of the Supreme Court of the Netherlands (Nader rapport inzake het voorstel van rijkswet 
houdende verklaring dat er grond bestaat een voorstel in overweging te nemen tot verandering in de 
Grondwet van de bepaling inzake de benoeming van de leden van de Hoge Raad der Nederlanden), 
Official  Gazette 
2023, 
of 
https://zoek.officielebekendmakingen.nl/stcrt-2023-3777.html.  

the  Netherlands, 

the  Kingdom 

January 

31 

of 

Netherlands  Government  (2023),  Cabinet  response  to  monitoring  and  securing  system  renewal  and 
response  to  monitoring  and  securing  OVV  report  (Kabinetsreactie  Vernieuwing  stelsel  bewaken  en 
beveiligen 
beveiligen) 
OvV-rapport 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2023Z05748&did=2023D135
58.  

bewaken 

reactie 

en 

en 

Netherlands Institute for Human Rights (2023), Advice to minister: Strengthen legal protection against 
discrimination  by  the  government  (“Advies  aan  minister:  Verstevig  rechtsbescherming  tegen 
discriminatie 
2023, 
March 
https://www.mensenrechten.nl/actueel/nieuws/2023/03/20/advies-aan-minister-verstevig-
rechtsbescherming-tegen-discriminatie-door-de-overheid. 

overheid”) 

door 

20 

de 

, 

Ministry of Foreign Affairs (2022), Appreciation of the Cabinet of the European Commission 2022 
Rule  of  Law  Report  (Kabinetsappreciatie  Rechtsstaatsrapport  2022  van  de  Europese  Commissie)  
https://www.rijksoverheid.nl/documenten/kamerstukken/2022/09/09/kamerbrief-inzake-
kabinetsappreciatie-rechtsstaatsrapport-2022-van-de-europese-commissie-tk.  

Ministry  of  Interior and Kingdom  Relations  (2023),  Law  on improving  integrity and functioning  of 
decentralised  government  –  the  most  important  changes  as  of  1  January  2023  (Wet  bevorderen 
integriteit  en  functioneren  decentral  bestuur  –  De  belangrijkste  wijzigingen  per  1  januari  2023)  
https://www.politiekeambtsdragers.nl/binaries/politieke-
ambtsdragers/documenten/circulaires/2022/12/15/getekende-aanbiedingsbrief-en-circulaire-wet-
bevorderen-integriteit-en-functioneren-decentraal-
bestuur/Praatplaat+Wet+bevorderen+integriteit+en+functioneren+decentraal+bestuur.pdf. 

Ministry of Interior and Kingdom Relations (2023), Law on whistleblower protection has entered into 
getreden), 
force 
https://www.wetbeschermingklokkenluiders.nl/actueel/nieuws/2023/02/20/de-wet-bescherming-
klokkenluiders-is-in-werking-getreden.  

klokkenluiders 

bescherming 

werking 

Wet 

(De 

in 

Ministry  of  Interior  and  Kingdom  Relations  (2023),  Integrity  policy  in  public  office  (Kamerbrief  – 
bestuur), 
Integriteitsbeleid 
https://www.rijksoverheid.nl/documenten/kamerstukken/2023/04/25/kamerbrief-integriteitsbeleid-
openbaar-bestuur. 

openbaar 

Ministry of Interior and Kingdom Relations (2023), Reaction of the Cabinet to the study “Framework 
on  legitimate  interest  representation”  (Kabinetsreactie  op  onderzoeksrapport  "Afwegingskader 
legitieme 
belangenvertegenwoordiging”), 
https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2023/05/03/kamerbrie
f-kabinetsreactie-op-onderzoeksrapport-afwegingskader-legitieme-
belangenvertegenwoordiging/kamerbrief-kabinetsreactie-op-onderzoeksrapport-afwegingskader-

28 

 
legitieme-belangenvertegenwoordiging.pdf.Ministry of Interior and Kingdom Relations (2023), Annual 
report  on  Government  operations  2022 
(Jaarrapportage  Bedrijfsvoering  Rijk  2022), 
https://www.rijksoverheid.nl/documenten/jaarverslagen/2023/05/17/jaarrapportage-bedrijfsvoering-
rijk-2022. 

Ministry of Justice (2022), Letter by the Minister for Legal Protection, Enhancing the supervision of 
the 
2022 
26  September 
toezicht 
https://open.overheid.nl/documenten/ronl-3486ec925840e408823637df801cadbd3a4877e0/pdf. 

(Versterking 

advocatuur) 

profession 

legal 

Ministry of Justice (2022), Note on the follow-up report of the OECD Working Group on Bribery (Nota 
– 
WGB)  
Opvolgingsrapport 
https://www.tweedekamer.nl/downloads/document?id=2022D50855. 

OESO 

Netherlands  Parliament  (2022),  Joint  letter  from  the  State  Secretary  of  culture  and  media  and  the 
Minister of security and justice to Parliament of 29 June 2022 regarding an action plan for press freedom 
(Brief 
persveiligheid)  
aanpak 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2022D27666&did=2022D276
66.  

persvrijheid 

regering 

Plan 

van 

en 

Netherlands  Parliament  (2023),  Joint  letter  from  the  State  Secretary  of  culture  and  media  and  the 
Minister of security and justice to Parliament of 25 May 2023 with a progress report on press freedom 
and 
persveiligheid), 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2023Z09362&did=2023D224
48.  

(Voortgangsrapportage 

persvrijheid 

security 

press 

over 

en 

Netherlands Parliament (2023), Draft law #36171 to criminalise the use of personal data for intimidating 
purposes  and  to  add  Art.  285d  to the  Penal  Code (Strafbaarstelling  gebruik persoonsgegevens voor 
intimiderende 
doeleinden)  
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A36171#activity-2023A00698.  

NL  Times  (2023),  NPO  asks  for  license  to  be  revoked  https://nltimes.nl/2023/04/24/far-right-
broadcaster-gets-third-fine-year-npo-asks-license-revoked.  

NOS (2022), Baudet suspended both Parliament worries more about his conspiracy theories (Baudet 
complottheoriëen)  
zich  meer 
geschorst  maar  Kamer  maakt 
https://nos.nl/nieuwsuur/video/2448941-baudet-geschorst-maar-kamer-maakt-zich-meer-zorgen-om-
zijn-complottheorieen.  

zorgen 

zijn 

om 

NOS  (2022),  Dozens  of  Members  of  Parliament  do  not  declare  extra-parliamentary  income  in  time 
(Tientallen Kamerleden melden neveninkomsten niet op tijd) https://nos.nl/artikel/2456090-tientallen-
kamerleden-melden-neveninkomsten-niet-op-tijd.  

NOS  (2022),  Large  majority  Tweede  Kamer  votes  for  week  of  suspension  for  Baudet  (Grote 
Meerderheid Tweede Kamer stemt voor week schorsing Baudet), https://nos.nl/artikel/2448887-grote-
meerderheid-tweede-kamer-stemt-voor-week-schorsing-baudet.  

NOS  (2022),  Tax  administration  cannot  find  searches  of  employees  ('Belastingdienst  kan 
zoekopdrachten van medewerkers niet terughalen') https://nos.nl/artikel/2447764-belastingdienst-kan-
zoekopdrachten-van-medewerkers-niet-terughalen. 

NOS(2023),  Human  rights 
https://nos.nl/artikel/2476247-crisis-mensenrechteninstituut-escaleert-college-verlamd. 

institute  crisis  escalates,  college 

'paralysed' 

,  24  May  2023, 

OECD  (2022),  Phase  4  evaluation  of  The  Netherlands  -  Two  Year  Follow-up  report, 
https://www.oecd.org/daf/anti-bribery/netherlands-phase-4-follow-up-report.pdf 

Open 
content/uploads/sites/14/2023/03/Rapport-Matglas-OSF-IMI-9-03-2023-digitaal.pdf  

Foundation 

(Matglas), 

Frosted 

(2023), 

glass 

State 

https://openstate.eu/wp-

29 

 
 
 
Panteia  (2022),  The  labour  market  for  legal  aid  lawyers  (“De  arbeidsmarkt  voor  de  Sociale 
Advocatuur”), 
https://open.overheid.nl/documenten/ronl-
95c81f2a57d65a48ffac7a125b8e301e9a97e01f/pdf.  

PersVeilig,  Analysis  of  notifications 
persveilig/analyse-meldingen.  

(Analyse  meldingen),  https://www.persveilig.nl/over-

Public  Health  Act  (2023),  Amendment  of  the  Public  Health  Act  in  connection  with  combating  an 
epidemic  of 
thereof, 
to  group  A1,  or  a  direct 
https://www.eerstekamer.nl/verslagdeel/20230523/eerste_tranche_wijziging_wet_2.   

infectious  diseases  belonging 

threat 

Scientific Research and Documentation Centre (2023), Press Release – What are the gains and risks of 
self investigation and self reporting of fraud and corruption? (Nieuwsbericht - Wat zijn de opbrengsten 
en 
corruptie?), 
https://www.wodc.nl/actueel/nieuws/2023/02/21/wat-zijn-opbrengsten-en-risicos-van-zelfonderzoek-
en-zelfmelden-bij-fraude-en-corruptie. 

zelfonderzoek 

zelfmelden 

risico’s 

fraude 

van 

bij 

en 

en 

Scientific Research and Documentation Centre (2023), Italian anti-mafia legislation as inspiration for 
Dutch approach to organised crime (Italiaanse antimaffiawetgeving inspiratiebron voor Nederlandse 
aanpak van georganiseerde criminaliteit), https://www.wodc.nl/actueel/nieuws/2023/06/07/italiaanse-
antimaffiawetgeving-inspiratiebron-voor-nederlandse-aanpak-van-georganiseerde-criminaliteit  

State Commission on the rule of law (2023), Decree of 10 February 2023, No 2023000264 establishing 
a State Commission on the rule of law (Establishment decree of the state Commission on the rule of 
law)  Besluit  van  10  februari  2023,  nr.  2023000264  houdende  instelling  van  een  staatscommissie 
rechtsstaat 
rechtsstaat) 
https://zoek.officielebekendmakingen.nl/stcrt-2023-7635.html.  

(Instellingsbesluit 

staatscommissie 

Transparency  International  Netherlands  (2023),  Lifting  the  lid  on  lobbying  –  Hidden  Power  and 
Influence  in  the  Netherlands,  https://www.transparency.nl/wp-content/uploads/2023/02/Lifting-the-
Lid-on-Lobbying-Formatted-31-01-2023.pdf.  

Netherlands Government (2022), Bill 36243 – Amendment of various laws in the interest of honest, 
independent and impartial judiciary (Wetsvoorstel 36243 – Wijziging van verschillende wetten in het 
belang  van 
integere,  onafhankelijke  en  onpartijdige  rechtspraak),  8  November  2022, 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A36243.  

Venice  Commission  (2021),  Netherlands-Opinion  on  the  Legal  Protection  of  Citizens,  CDL-AD 
(2021)03 
134-137, 
https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2021)031-e.  

paragraphs 

October 

adopted 

15-16 

2021, 

on 

30 

 
Annex II: Country visit to the Netherlands 

The Commission services held virtual meetings in March and April 2023 with: 

 Huis voor Klokkenluiders 

  Commissariaat voor de Media 
  Dutch Foundation for Public Broadcasting 
 
  Fiscale Inlichtingen- en Opsporingsdienst 
  Nederlands Juristencomite voor de Mensenrechten 
  Netherlands Government  
  Nederlandse Orde van Advocaten 
  Nederlandse Vereniging voor Rechtspraak 
  National Ombudsman 
  National Police 
  National Internal Investigations Department 
  Prosecution service 
  Raad voor de Rechtspraak 
  Raad voor het Openbaar Bestuur 
  State Commission on the functioning of the rule of law 
  Supreme Court 
  Transparency International 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action 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 
  Front Line Defenders 
 
 
 
 
 
 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  
JEF Europe  

31