COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Netherlands, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 819 final  COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report                      The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

The  justice  system  of  the  Netherlands  continues  to  enjoy  a  high  level  of  perceived  judicial 
independence.  The  procedure  for  appointing  members  of  the  Council  for  the  Judiciary  and 
court management boards is currently being reviewed by the Government. The debate on the 
removal  of  the  executive’s  power  to  give  instructions  to  prosecutors  in  individual  cases 
continues.  Strengthened  security  measures  to  enhance  the  resilience  of  the  justice  system 
against organised crime are under consideration and proposals were announced to address the 
Council of State’s concerns regarding compliance with lawyer-client confidentiality. Specific 
recommendations to address staff shortages and workload concerns among the judiciary are 
being discussed. Initiatives to enhance access to justice continue, while concerns expressed as 
regards the available funding for legal aid led to calls for a more stable budget. The level of 
digitalisation has further improved and a legal framework for the publication of judgments is 
under preparation. The efficiency of the justice system continues to be high. 

The  Government  continues  to  reflect  on  a  strengthened  anti-corruption  policy  framework. 
Preventing  the  infiltration  of  organised  crime  in  public  institutions  through  corruption 
continues  to  be  a  strategic  priority.  The  integrity  framework  for  the  police  is  being 
strengthened.  The  investigation  and  prosecution  of  corruption  cases  continue  to  be  handled 
effectively. Work on improving the enforcement of foreign bribery cases is being carried out, 
including  by  introducing  guidelines  on  self-monitoring  and  self-reporting.  The  Government 
adopted  the  reform  of  the  rules  on  revolving  doors  and  forwarded  it  to  Parliament.  Some 
steps  have  been  taken  as  regards  transparency  of  lobbying,  with  further  evaluation  of  the 
existing  measures.  The  draft  Political  Parties  Act  aims  to  streamline  existing  legislation, 
increase  transparency  and  limit  foreign  and  anti-democratic  influence.  A  National  Risk 
Assessment  aims  to  identify  the  largest  corruption  threats  and  overall  risks  at  national, 
provincial, and local levels. 

While  the  Dutch  media  regulator  maintains  its  operational  independence,  supported  by 
adequate  resources,  some  issues  have  been  raised  related  to  the  adequacy  of  the  self-
governing  body  for  the  press  sector.  Challenges  continue  regarding  transparency  of  media 
ownership  and  high-level  media  market  concentration.  There  are  ongoing  efforts  to  reform 
the public broadcasting system, while concerns have been raised over accountability and the 
ability  to  uphold  journalistic  standards.  The  Government  continues  efforts  to  improve 
transparency  and  access  to  information  in  response  to  ongoing  challenges  in  the 
implementation of the Open Government Act. Despite several ongoing efforts to improve the 
safety of journalists, threats and violence remain concerning. 

Some further steps have been taken by all state powers to address the shortcomings resulting 
in the childcare allowances affair, and recommendations by a State Commission on the Rule 
of Law to strengthen the legal protection of citizens were presented. The Netherlands Institute 
for  Human  Rights  continues  to  face  governance  issues.  The  landscape  for  civil  society 
organisations  remains  open,  while  some  reported  shortcomings  regarding  restrictions  to  the 
right to demonstrate remain.  

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RECOMMENDATIONS 

Overall, concerning the recommendations in the 2023 Rule of Law Report, the Netherlands 
has made: 

•  Some  further  progress  on  efforts  to  improve  the  level  of  digitalisation  of  the  justice 

system, in particular as regards the publication of judgments. 

•  Some further 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. 

•  Some progress on establishing stricter transparency rules on lobbying for members of the 

Government and Parliament.  

•  Some further progress  on a 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. 

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  address  shortages  in  human  resources  and  challenging  working 

conditions in the justice system.  

•  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. 

•  Enhance  the  governance  of  public  service  media  and  its  ability  to  uphold  journalistic 

standards, taking into account European standards on public service media. 

•  Ensure  an  adequate  follow-up  to  the  recommendations  of  the  State  Commission  on  the 

Rule of Law, strengthening the legal protection of citizens. 

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 
judicial  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  Justice  and  Security6.  The  prosecution 
service  is  separate  from  the  Ministry  of  Justice  and  Security,  but  falls  under  the  political 
responsibility  of  the  Minister  for  Justice.  The  Netherlands  Bar  is  established  by  law.  It  is 
independent  from  the  Government  and  financed  exclusively  through  lawyers’  annual 
contributions7.  The  Netherlands  participates  in  the  European  Public  Prosecutor’s  Office 
(EPPO). 

Independence  

The  level  of  perceived  judicial  independence  in  the  Netherlands  continues  to  be  high 
among both the general public and companies. Overall, 70% of the general population and 
74%  of  companies  perceive  the  level  of  independence  of  courts  and  judges  to  be  ‘fairly  or 
very good’ in  20248. Among the general  public, this  figure  remains  at  the same level  as in 
2023  (70%)  but  is  lower  in  comparison  with  2020  (77%).  The  perceived  judicial 
independence  among  companies  has  increased  in  comparison  with  2023  (72%),  although  it 
remains lower in comparison with 2020 (81%)9.  

1   The Central Appeal Tribunal and the Trade and Industry Appeals Tribunal. 
2   The  Council  of  State  also  has  an  advisory  branch,  which  renders  opinions  on  draft  legislation.  State 
councillors in the Administrative Jurisdiction Division of the Council of State are appointed for life by Royal 
Decree upon the nomination by the Minister of the Interior and Kingdom Relations, in consultation with the 
Minister  of  Justice  and  Security,  and  recommendation  by  the  Council  itself,  after  a  selection  process 
conducted by the Administrative Jurisdiction Division.  

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 51, and 53, 2024 EU Justice Scoreboard and Figures 50 and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%). 

9   68%  of  the  companies  in  the  Netherlands  are  either  fairly  or  very  confident  that  their  investments  are 
protected by the law and courts in the Member State. Only 9% of the surveyed companies see the quality, 
efficiency or independence of justice as one of the main reasons for concern about investment protection in 
the country. Figures 55 and 56, 2024 EU Justice Scoreboard.  

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Additional  measures  to  strengthen  judicial  independence  are  being  discussed.  A 
legislative  proposal  prohibiting  the  simultaneous  holding  of  the  office  of  judge  and 
membership of Parliament is still pending in the House of Representatives10. As reported last 
year, following  the advice of the Council of State, the Government  abandoned a legislative 
proposal  to  lessen  the  House  of  Representatives’  role  in  the  appointment  procedure  of 
Supreme Court judges11. A motion was however put forward in Parliament on 10 April 2024 
calling on the Government to ensure that the process by which the House of Representatives 
designates Supreme Court judges is  carried out  in a more transparent  manner12. As regards 
administrative justice, the situation in which some Council of State councillors combine both 
advisory and judiciary functions is de facto phasing out and is intended to be terminated by 
the end of 202413. Following the conclusions of a Parliamentary Inquiry into Fraud Policy14, 
the coalition agreement between members of the new Government15 sets out the intention to 
separate the Administrative Jurisdiction Division from the Council of State and transfer it to 
the judiciary. 

10   The legislative proposal has been discussed in the House of Representatives on 10 April 2024. The outcome 
of those  discussions is still pending.  Netherlands Government,  Bill 36243- Amendment of various laws in 
the  interest  of honest,  independent  and  impartial  judiciary,  8  November 2022.  See  also 2023  Rule  of  Law 
Report Country Chapter on the rule of law situation in the Netherlands, p. 3. 

11   2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 4.   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 and Security 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. 

12   Motion by members Vroonhoven and Omtzigt to Bill 36243- Amendment of various laws in the interest of 
honest,  independent  and  impartial  judiciary,  10  April  2024  calling  on  the  Government  to  implement  all 
recommendation made in para. 85 of Venice Commission – Netherlands – Opinion on the legal safeguards 
of the independence of the judiciary from the executive power, CDL-AD(2023)029, adopted on 11 October 
2023. According to the Meijers Committee, this could for instance be done by publishing the names of the 
six  candidates  sent  by  the  Committee  of  Supreme  Court  judges  to  the  House  of  Representatives,  and  by 
making the CVs of the three candidates proposed by the House of Representatives to the Minister accessible 
to  the  public;  information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Meijers 
Committee. According to the Supreme Court, it would be for the House of Representative to decide on such 
measures;  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Supreme 
Court. 

13   The Council of State has two primary tasks, carried out by two separate  divisions. The Advisory Division 
advises the Government and Parliament on legislation and governance, while the Administrative Jurisdiction 
Division is the country’s highest general administrative  court. A previous proposal to split the judicial and 
advisory  branches  of  the  Council  of  State  was  withdrawn  by  the  Government  in  2016.  The  Venice 
Commission  welcomed  steps  taken  to  better  separate  the  advisory  function  from  the  judicial  function  and 
expressed  the  view  that  the  legislator  could  consider  removing  the  possibility  of  a  double  mandate  or 
separating the divisions institutionnaly: Venice Commission, CDL-AD(2023)029, para. 31 and para. 32 
14   The Parliamentary Report notes that there are four highest courts in the field of administrative law, each with 
their own expertise. It submits that the fragmentation among so many different courts entails a risk in terms 
of legal unity and legal certainty. It criticises the fact that the Advisory Division of the Council of State is 
involved  in  advising  the  legislator  on  (draft)  bills,  while  these  laws  are  at  a  later  stage  assessed  by  the 
Administrative Jurisdiction Division of the same Council of State; Report of Parliamentary Commission of 
Inquiry into Fraud Policy and Services, Blind to Man and Law, 26 February 2024, p. 70. In academia it has 
been suggested that the appointment procedure of the Administrative Jurisdiction Division of the Council of 
State  could  be  further  aligned  to  that  of  the  Supreme  Court  to  enhance  judicial  independence;  see  P. 
Bovend’Eert, Strengthening the Rule of Law. Better safeguards for judicial independence, Reflections on a 
Venice Commission report, Nederlands Juristenblad, 2024/4, pp. 240-249. 

15   Coalition agreement between PVV, VVD, NSC and BBB. 

4 

 
 
The  procedure  for  appointing  members  of  the  Council  for  the  Judiciary  and  court 
management boards is currently being reviewed by the Government. On 12 March 2024 
a motion was adopted in Parliament calling for legislation to minimise the Minister of Justice 
and  Security’s  role  in  the  appointment  of  members  of  the  Council  for  the  Judiciary16.  The 
Venice Commission also recommended to circumscribe the Minister of Justice and Security’s 
power in respect of the appointment procedure of candidates for court management boards17. 
It  pointed  out  that,  given  that  the  Minister  of  Justice  and  Security,  the  Council  for  the 
Judiciary,  and  court  management  boards  work  together  in  determining  financial  allocations 
for  the  judiciary,  circumscribing  the  Minister’s  role  would  also  increase  guarantees  against 
external  pressure  on  the  decisions  on  budgetary  matters18.  Stakeholders  note  that  since  the 
Minister  of  Justice  and  Security  appoints  members  of  the  Council  for  the  Judiciary,  the 
appointment  of  court  administrators  and  the  appointment  and  promotion  of  judges  may  be 
susceptible to political influence19. A temporary procedure for the appointment of  members 
of  court  management  boards  where  the  role  of  judges  and  court  staff  was  increased,  is 
expected  to  become  permanent  following  a  positive  evaluation20.  As  regards  disciplinary 
measures against members of the Council for the Judiciary and court  management boards21, 
the  Venice  Commission  recommended  that  the  ground  of  “unsuitability”,  based  on  which 
members may be dismissed, should be defined in a more concrete and precise manner22. The 
Council for the Judiciary endorsed this recommendation23.  

The debate on the removal of the executive’s power to give instructions to prosecutors 
in individual cases continues. Draft legislation initiated by Parliament aiming at abolishing 
the  power  of  the  Minister  of  Justice  and  Security  to  instruct  the  prosecution  service  in  an 
individual case remains pending, following a negative opinion from the Council of State24. In 

16   According  to  Sections  84  and  85  of  the  Judicial Act,  the  Minister  of  Justice  and  Security  makes  the  final 
appointment  of  its  members,  based  on  a  list  of  candidates  proposed  by  an  independent  committee.  The 
justification  for  the  Motion  is  that  from  the  point  of  view  of  the  separation  of  powers  it  is  [deemed] 
undesirable  for  members  of  the  Council  for  the  Judiciary  to  be  nominated  by  the  Minister;  Motion  by 
member Sneller on legislating to minimise the Minister's role in the appointment procedure for members of 
the Judicial Council, adopted on 12 March 2024; Venice Commission, CDL-AD(2023)029, para. 45. 

17   Ibidem para. 58. 
18   Venice Commission, CDL-AD(2023)029, para. 45.  
19   The Council for the Judiciary called for further limiting the role of the executive in all judicial appointments. 
It  points  out  that  in  appointments  of  judges,  court  administrators  and  members  of  the  Council  for  the 
Judiciary,  the  minister  can  prevent  an  appointment.  Letter  by  the  Council  for  the  Judiciary  to  the  State 
Commission  on  the  rule  of  law,  12  July  2023;  In  absence  of  legislative  changes,  the  Dutch  Judiciary 
Association  proposed  involving  court  assemblies  in  the  determination  of  the  profile  and  selection  of 
candidates for the Council for the Judiciary; Information received in the context of the country visit to the 
Netherlands from the Dutch Judiciary Association; see also 2023, 2022, 2021 Rule of Law Reports, pp. 5, 4, 
3 respectively.  

20   Information received in the context of the country visit to the Netherlands from the Government. The Venice 
Commission  also  recommended  to  embed  this  new  procedure  in  statutory  law,  which  is  supported  by  the 
Council for the Judiciary; Information received in the context of the country visit to the Netherlands from the 
Council for the Judiciary. 

21   Venice Commission, CDL-AD(2023)029, paras. 50-66 and 59-62. The Venice Commission also recalled “the 
importance of security of tenure of all Council members as a crucial precondition for the independence of 
the  Council”  recommending  to  abolish  the  differences  in  treatment  between  judicial  and  non-judicial 
members in disciplinary matters, paras. 55-56. 

22   Ibidem, paras. 53 and 60 respectively. 
23   Written contribution from the Council for the Judiciary in the context of the country visit to the Netherlands. 
24   2023  Rule  of  Law  Report  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  p.  4.;  Bill  by 
member Sneller (Expiration of Special Powers of Instruction of the Public Prosecution Service Act), House 

5 

 
 
 
this  regard  the  Venice  Commission25,  while  acknowledging  the  importance  of  the  existing 
culture  of  self-restraint  in  the  Netherlands,  nonetheless  considered  that  ‘the  safeguards 
embedded  in  the  law,  in  particular  as  regards  the  instructions  not  to  prosecute,  may  not  be 
strong enough in the event of a majority of a Government in Parliament that frees itself from 
these  rules  of  self-limitation’26.  Against  this  background,  it  recommended  removing  the 
Minister’s  power  to  give  instructions  not  to  prosecute  in  specific  cases,  or  at  least  limiting 
this prerogative to clearly defined exceptional circumstances27. Stakeholders also called for a 
reconsideration  of  the  power  of  the  Minister  of  Justice  and  Security  to  instruct  the 
prosecution service28.  

Strengthened  security  measures  to  enhance  the  resilience  of  the  justice  system  against 
organised crime are under consideration and proposals were announced to address the 
Council of State’s concerns regarding compliance with lawyer-client confidentiality. The 
2023 Rule of Law Report reported on reforms following failures in ensuring the safety of key 
witnesses as well as of their relatives and their advisors in criminal proceedings. Attempts by 
organised crime to infiltrate the judiciary or intimidate its members are seen as a conceivable 
threat29.  Lawyers  are  also  more  hesitant  to  defend  key  witnesses  and  those  suspected  of 
participation  in  a  criminal  organisation30.  The  Government  has  started  to  fundamentally 
review  the  monitoring  and  security  system  for  persons  who  are  threatened,  under  the 
direction of the National Coordinator for Counterterrorism and Security31. It  also intends to 
amend the key witness scheme in such a way to  cover more suspects that are charged with 
criminal offences of a less serious nature, as well as to clarify the obligations of the State and 

of Representatives, 2021-2022 session, 36 125, no 2 The Bill is still awaiting plenary debate in Parliament. 
The prosecution service itself did not see the need for amending legislation, since the Minister has not used 
this power in practice and -in its opinion- the law on judicial organisation contains adequate accompanying 
guarantees. 

25   Venice  Commission,  CDL-AD(2023)029,  para.  67  (referring  to  Austria,  Denmark  and  Germany  as  other 
countries  in  which  the  prosecution  service  is  subordinate  to  the  Ministry  of  Justice).  For  a  comparative 
overview among all EU Member States see Figure 55, 2020 EU Justice Scoreboard. Luxembourg has since 
removed this power of the Minister of Justice and Security. 

26   Venice Commission, CDL-AD(2023)029, para. 71. Moreover, in the same paragraph the Venice Commission 
notes that ‘rule of law safeguards should be there precisely to step  in when the political, societal and legal 
culture change and unwritten rules are not valid anymore’. 

27   Ibidem, para. 72. See also Council of Europe Recommendation (2000)19 on the Role of Public Prosecution 

in the Criminal Justice Systems para. 13(f). 

28   Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Dutch  Judiciary 
Association referring to its response regarding the Special Powers of Instruction of the Public Prosecution 
Service of 3 June 2021; Information received in the context of the country visit to the Netherlands from the 
Meijers Committee. The Bar Association suggested to oblige the Minister to refrain from any consultations 
with the public prosecutor on individual cases; Information received in the context of the country visit to the 
Netherlands from the Bar Association. 

29   Written  contribution  from  the  Government  and  the  Council  for  the  Judiciary  in  the  context  of  the  country 
visit to the Netherlands; The Dutch Judiciary Association conducted a survey among its members at the end 
of September 2023, which received 370 responses. Many judges and prosecutors said they feel less safe in 
recent  years  due  to  threats  from  the  criminal  environment.  Some  judges  and  prosecutors  prefer  not  to  do 
certain cases due to insecurity concerns.  

30   Contribution from the Bar Association for the 2024 Rule of Law Report, p. 3. 
31   Under  the  authority  of  the  NCTV  and  the  public  prosecutor’s  office  the  security  of  the  persons  who  are 
threatened is being monitored and based on their threat assessment, the necessary security measures will be 
taken; Written contribution from the Government in the context of the country visit to the Netherlands. 

6 

 
 
of  key  witnesses,  respectively32.  Based  on  the  conclusions  of  an  external  study33,  the  Bar 
Association considers that the key witness scheme should not be expanded until the safety of 
all  persons  concerned,  including  lawyers,  is  guaranteed34.  Also,  the  Government  has 
proposed  to  introduce  visual  supervision  of  lawyer-client  conversations  in  high-security 
prisons  and  to  limit  the  number  of  lawyers  that  may  meet  with  these  clients  to  two35.  A 
proposed  Parliamentary  amendment  that  would  also  allow  for  auditory  monitoring36  was 
submitted  to  the  Council  of  State,  which  concluded  that  the  amendment  was  incompatible 
with  the  constitution,  European  Union  law  and  European  standards37  The  Bar  Association, 
which  itself  has  put  in  place  a  specific  taskforce  developing  initiatives  to  protect  lawyers 
against  criminal  subversion38,  considers 
limitations  would  be 
disproportionate and incompatible with lawyer-client confidentiality39. On 24 May 2024, the 
former  Government  announced  a  revised  legislative  proposal  which  will  exclude  auditory 
monitoring40. This is yet to be confirmed by the new Government.  

the  proposed 

that 

Quality  

Some further progress has been made to improve digitalisation and a legal framework 
for  the  publication  of  judgments  is  under  preparation.  The  2023  Rule  of  Law  Report 
recommended to the Netherlands to ‘continue efforts to improve the level of digitalisation of 

32   Input from the Netherlands for the 2024 Rule of Law Report, p. 3; Procurator-General at the Supreme Court 
of  the  Netherlands,  Duty  of  care  and  witness  protection.  On  the  duty  of  care  of  the  Public  Prosecution 
Service under the system of witness protection system, 11 January 2024. 

33   D.B. Sander, J.H. Crijns, J.A. Klapwijk, M. Lochs, The impact of crown witness procedure on lawyer safety 

and practice, Leiden University, 16 October 2023. 

34   Contribution from the Bar Association for the 2024 Rule of Law Report, p. 3. 
35   Bill  amending  the  Penitentiary  Principles  Act  in  connection  with  additional  measures  against  organised 

crime during detention, 3 June 2023. 

36   The amendment established that for detainees at high-security prisons, supervision is exercised during visits 
and telephone calls from lawyers to detainees, which can be later listened to in the specific situation that the 
lawyer her/himself becomes a suspect. 

37   Council  of  State,  “Advice  on  amended  bill  to  amend  the  Penitentiary  Principles  Act”,  24  April  2024. 
According to the Minister for Legal Protection making audio recordings of conversations between lawyers 
and  clients  is  incompatible  with  the  right  to  a  fair  trial  and  the  right  to  confidential  communication.  The 
Meijers Committee argues that auditory monitoring of lawyer-client conversations hampers the exercise of 
fundamental  rights,  since  the lawyer  knows  that  the  conversation  is  recorded  and  can  be  listened  to  under 
certain circumstances. ; Directive 2013/48/EU of the European Parliament and of the Council of 22 October 
2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, 
and on the right to have a third party informed upon deprivation of liberty and to communicate with third 
persons  and  with  consular  authorities  while  deprived  of  liberty,  OJ  L  294,  6.11.2013,  pp.  1-12, Article  4, 
3(3)a. 

38   The  taskforce  does  research  into  the  safety  of  lawyers,  operates  an  emergency  telephone  number  for 
reporting  threats,  has  put  in  place  a  confidant  for  lawyers,  offers  a  safety  scan  for  law  firms,  trainings  to 
increase  resilience  and  various  digital  tools  to  protect  the  lawyer’s  identity;  Contribution  from  the  Bar 
Association for the 2024 Rule of Law Report, pp. 2,3. 

39   Contribution from the Bar Association for the 2024 Rule of Law Report, p. 1. On 12 March 2024, the Dutch 
Supreme Court clarified the legal safeguards as regards prosecutorial requests for large data sets potentially 
covering protected communications, providing for an increased role for the examining magistrate; Judgment 
of the Supreme Court of 12 March 2024, in case 23/03504, ECLI:NL:HR:2024:375. See also pillar II. 

40   Minister for Legal Protection, Response to amendments to the Bill to amend the Penitentiary Institutions Act 

in connection with additional measures against organised crime during detention, 24 May 2024. 

7 

 
 
 
the justice system, in particular as regards the publication of judgments’41. According to the 
2024  EU  Justice  Scoreboard,  digitalisation  of  justice  is  overall  advanced42.  Legislation  is 
being  prepared  for  the  conduct  of  online  hearings43.  Moreover,  several  pilot  projects  have 
further improved the level of digitalisation of the justice system44. The Digital Access Project 
is being implemented in all jurisdictions, to enable people to initiate and follow proceedings 
online45, while some room for improvement remains for civil and administrative cases46. The 
availability of electronic communication tools in courts continues to be high47. At the level of 
the highest courts, all judgments are being published and with the ongoing deployment of the 
“More and Responsible Publishing Programme”, more judgments have been published online 
for other courts too, though the overall publication rate remains low48. At the same time, the 
Government  points  to  the  need  to  ensure  the  protection  of  personal  data  when  publishing 
judgments49.  In  this  regard,  a  legislative  proposal  for  the  publication  of  judgments  is  under 
preparation50. Overall, there has been some further progress on the recommendation made in 
the 2023 Report.  

Specific recommendations to address staff shortages and workload concerns among the 
judiciary are being discussed.  The 2023 Rule of Law Report reported  concerns expressed 
by  judges  and  public  prosecutors  regarding  staff  shortages  and  challenging  working 
conditions  due  to  a  high  workload51.  On  23  April  2024,  an  independent  expert  presented  a 
report  to  the  Minister  for  Legal  Protection  and  the  Dutch  Judiciary  Association  with 
recommendations  on  how  to  reduce  the  workload52.  The  aim  is  to  work  on  concrete 

41   In  the  2023  Rule  of  Law  Report,  the  Commission  concluded  that  some  progress  was  made  on  the  2022 
recommendation. 2023 Rule of Law Report, Country chapter on the rule of law situation in the Netherlands, 
p. 2. 

42   Figures 42 to 50, 2024 EU Justice Scoreboard. 
43   Contribution from the Bar association for the 2024 Rule of Law Report, p. 7. 
44   E.g. the online Dispute Resolution Pilot, a platform that provides interactive step-by-step legal advice to help 
people solve their legal issues out of court; Input from the Netherlands for the 2024 Rule of Law Report, p. 
4,  5.  Furthermore,  the  Dutch  Recovery  and  Resilience  Plan  includes  two  main  actions  to  digitalise  the 
criminal justice chain; Dutch RRP, 8 July 2022. 

45   Information received in the context of the country visit to the Netherlands from the Council for the Judiciary. 
It indicates that 100% of criminal cases are processed digitally, while this is the case for 31% of civil and 
administrative cases. The percentages cited in the 2023 Rule of Law Report were 95% and 15% respectively. 
46   Figure 47, 2024 EU Justice Scoreboard. In comparison to previous year, the possibility of online payment of 
court fees is now available in civil/commercial and administrative cases and the possibility is given to clients 
to access the electronic files of their closed administrative cases. 

47   Figures 45 and 46, 2024 EU Justice Scoreboard. 
48   Information received in the context of the country visit to the Netherlands from the Council for the Judiciary. 
In 2023, the judiciary published 58,230 judgments on Rechtspraak.nl.  This is 13% of all judgments with a 
ruling  document,  and  8%  of  all  judgments.  That  is  an  increase  of  17%  compared  to  the  number  of 
publications in 2022 (49,833). Taking the  2021 figure of 45 100 as a baseline, the overall publication rate 
remains low; Figure 49, 2024 EU Justice Scoreboard. 

49   Input from the Netherlands for the 2024 Rule of Law  Report,  p. 1.  The More  and Responsible Publishing 
Programme is working on an AI-based pseudonymisation tool. The aim is to accelerate the work process for 
publishing judgments online while maintaining a high quality of pseudonymisation. 

50   Information received in the context of the country visit to the Netherlands from the Government. 
51   2023  Rule  of  Law  Report  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  p.  7; 
Recommendation CM/Rec(2010) 12 of the Committee of Ministers of the Council of Europe, paras. 33-38 
(resources).  

52    The  report  contains  32  concrete  recommendations  that  include  improving  the  labour  market  position,  the 
organisation of work, caring for overburdened colleagues and the deployment of support staff and  deputies; 
J. Winter, Report exploring the workload of the judiciary and public prosecution service, working towards 
real solutions, April 2024. 

8 

 
 
adjustments based on this report (e.g., as regards the financial compensation for structurally 
excessive  overtime,  reducing  the  administrative  burden  on  trainers,  allowing  experienced 
legal  experts  to  perform  the  function  of  deputy  judge53  and  a  better  deployment  and  more 
attractive  career  paths  for  court  lawyers)54.  The  Council  for  the  Judiciary  underlines  that 
high-quality justice is required in a well-functioning democracy based on the rule of law. It 
emphasises  that  the  judiciary  is  a  core  function  of  the  state  requiring  a  robust  and  stable 
budget.  At  present  the  judiciary  has  to  compete  with  other  policy  goals  of  the  Ministry  of 
Security  and  Justice  and  therefore  funding  the  judiciary  becomes  a  political  choice.The 
judiciary  is  a  core  function  of  the  state  and  needs  an  appropriate  independent  funding55. 
According to the 2024 EU Justice Scoreboard, the expenditure on the justice system has been 
decreasing, in relative terms, in recent years56. 

Initiatives to enhance access to justice continue, while concerns expressed as regards the 
available funding for legal aid led to calls for a more stable budget. Concerns expressed 
over the last years as regards the available funding for the legal aid system persist57. A one-
off compensation for legal aid providers in the funded legal aid system was announced in 
November  2023  in  view  of  the  high  inflation58.  In  2023,  the  number  of  active  legal  aid 
lawyers  slightly decreased59. Stakeholders  noted a  lack of  attractiveness due  to low  fees 
and the difficulty of training new legal aid professionals 60. In response, the Government 
announced  a  review  of  the  financial  compensation  of  legal  aid  professionals  with  a 
possible recalibration of the funded legal aid  system as of 202561. At the same time, the 
Bar association calls for a budget for the system of funded legal aid, which would ensure its 
stability  over  time62.  Concerning  court  fees,  the  2023  Rule  of  Law  Report  reported  on  the 
Government’s  plan  to  reduce  them  by  25%63.  Despite  the  Council  of  State  approving  the 
proposal  in  April  2023,  the  Government  did  not  table  it  due  to  subsequent  budget  cuts. 

53   On  16  November  2023,  a  law  for  a  temporary  provision  to  allow  judges  an  counsellors  who  reach  the 
statutory dismissal age of 70 to remain employable as deputy judges or deputy counsel until the age of 73 
has come into effect; Act of 8 November 2023 amending the Judicial Officers (Legal Status) Act, the Second 
Collective Act  COVID-19  and  some  other  acts  in  connection  with  making  a  temporary  provision  for  the 
appointment of deputy judges in their seventy-first year of life, Official Gazette 2023. 410. 

54   Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Dutch  Judiciary 

Association. 

55   Contribution from ENCJ for the 2024 Rule of Law Report, p. 35. 
56   Figure 34, 2024 EU Justice Scoreboard. 
57   See  2023,  2022,  2021  and  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 

Netherlands, pp. 7, 6, 3 and 4 respectively. Figure 24, 2024 EU Justice Scoreboard. 

58   One-off  compensation  measure  amounting  to  EUR  26  million.  The  amount  to  be  received  by  legal  aid 
providers is determined based on the number of granted legal aid assignments, emergency duty reports, and 
additional hours allocated between 1 October 2022 and 1 October 2023. This calculation considers a rate of 
4.62 percent, which represents the difference between the indexing rates as of 1 January 2023 (0.67%) and 1 
January 2024 (5.29%); Contribution from the Bar association for the 2024 Rule of Law Report, p. 5. 

59   As of December 2023, 4380 persons were registered as active legal aid professionals. Joint contribution from 
the  Netherlands  Helsinki  Committee,  Free  Press  Unlimited,  Transparency  International  Nederland  and 
NJCM for the 2024 Rule of Law Report, p. 6. 

60   Ibidem and Contribution from the Bar association for the 2024 Rule of Law Report, p. 5. 
61   Letter by the Minister for Judicial Protection, Progress on the legal aid system reform, 20 December 2023.  
62   The  budget  system  in  the  Netherlands  is  organised  in  such  a  way  that  amounts  cannot  be  determined  in 
advance. In the case of funded legal aid, this means that a political discussion must always take place about 
the amount to be allocated to the scheme, taking into account the necessity to increase fees. The Netherlands 
Bar  would  prefer  a  system  by  which  fee  adjustments  are  automatically  applied,  without  the  need  for  a 
discussion; Contribution from the Bar association for the 2024 Rule of Law Report, p. 5. 

63   2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 

9 

 
 
Instead, a reform impacting court fees in administrative law was proposed which would allow 
to waive court fees in administrative law cases for litigants who are unable to pay them64. In 
December  2023,  the  Government  also  announced  that  court  fees  would  not  be  indexed  for 
2023 and would be indexed with a smaller percentage in 202465. These measures should lead 
to an overall reduction of around13.5% of court fees66.  

Efficiency 

The efficiency of the justice system continues to be high. The duration of proceedings for 
first  instance  civil,  commercial,  administrative,  and  other  cases  remains  short67,  and  the 
clearance rate is effective. However, in comparison to 2021, a slight increase in the duration 
of  proceedings  and  decrease  in  the  clearance  rates  can  be  noted  in  202268.  This  trend  is 
confirmed by the rate of resolving administrative cases at first instance, which decreased to 
99  %  in  202269.  The  processing  time  for  such  cases  has,  however,  decreased70.  As  regards 
cases related to money laundering71 and bribery72, the 2024 EU Justice Scoreboard shows an 
increase  in  the  average  length  of  court  cases  in  2022,  in  comparison  to  the  previous  year. 
Data on the efficiency of litigious civil and commercial cases is still lacking, which does not 
permit  to  fully  evaluate  the  efficiency  of  the  justice  system.  The  Council  for  the  Judiciary 
also  reports  that  shortage  of  judicial  staff,  linked  to  the  difficult  working  conditions  within 
the judiciary as explained above, is expected to affect the proportion of cases handled within 
the standard processing time in the coming years73. The backlog of criminal cases resulting 
from the COVID-19 pandemic continued to decrease at first and second instance courts74.  

II. 

ANTI-CORRUPTION FRAMEWORK  

Anti-corruption  policy  falls  under  the  shared  responsibility  of  the  Ministry  of  Interior  and 
Kingdom Relations (for promoting integrity) and of the Ministry of Justice and Security (for 
combatting  corruption).  Some  of  the  competent  authorities  to  investigate  and  prosecute 

64   The  reform  would  also  allow  for  a  decision  not  to  index  court  fees  in  administrative  law.  Input  from  the 

Netherlands for the 2024 Rule of Law Report, p. 3. 

65   Excluding  fees  for  civil  law  cases  with  claims  above  EUR  100.000  and  court  fees  in  the  Netherlands 
Commercial Courts. The indexation rate for 2024 is set at 1,83%. Input from the Netherlands for the 2024 
Rule of Law Report, p. 3. 

66   The Council for the Judiciary is disappointed that the proposal to reduce court fees by 25% will not be tabled 
as this reduction could have significantly increased access to justice; Information received in the context of 
the country visit to the Netherlands from the Council for the Judiciary. The Netherlands Bar advocates for 
further measures to be taken to reduce court fees, although this is seen as a first step in the right direction. 
67   Figure  5,  2024  EU  Justice  Scoreboard.  It  takes  on  average  82  days  to  resolve  a  case  compared  to  76  in 

previous year. 

68   Figure 10 (from 103,5% in 2021 to 98% in 2022), 2023 and 2024 EU Justice Scoreboards. 
69   Figure 12, 2024 EU Justice Scoreboard. The rate was 108% in 2021. 
70   Figure 8, 2024 EU Justice Scoreboard; 257 days in 2022 compared to 265 days in 2021. 
71   Figure 22, 2024 EU Justice Scoreboard; 203 days in 2022 compared to 156 in 2021. 
72   Figure 23, 2024 EU Justice Scoreboard; 645 days in 2022 compared to 443 in 2021. 
73   Written contribution from the Council for the Judiciary in the context of the country visit to the Netherlands. 
74   See  2020,  2021,  2022,  2023  Rule  of  Law  Reports,  country  chapter  on  the  rule  of  law  situation  in  the 
Netherlands,  pp.  6,  4,  7  and  8  respectively.  At  first  instance  district  courts  and  second  instance  courts, 
backlogs  resulting  from  the COVID-19  pandemic  have  been  cleared. Although  at  first  instance  subdistrict 
courts, the stock remains 47% higher than before the pandemic, a further decrease of 18% was achieved in 
October 2023 compared to the previous year. 

10 

 
 
corruption  are  the  National  Internal  Investigations  Department75  (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) with its Anti-Corruption Centre (ACC), the National Public Prosecution 
Service  (focusing  on  the  prosecution  of  bribery  of  public  officials),  and  the  Prosecution 
Service for Serious Fraud, Environmental Crime and Asset Confiscation (responsible for the 
prosecution  of  commercial  and  foreign  bribery).  The  National  Cooperation  against 
Subversive  Crime  (NSOC)  (a  cooperation  between  executive  bodies76  tackling  financial 
flows  and  business  structures  of  subversive  organised  crime)  remained  in  place  this  year. 
Responsibility for the prevention of corruption is spread out among many different actors77. 
There is no overall anti-corruption agency responsible for the repression and/or prevention of 
law 
corruption.  Cooperation  between  anti-corruption  and 
enforcement bodies continues.  

teams  within 

intelligence 

The perception among experts and business executives is that the level of corruption in 
the  Netherlands  public  sector  remains  relatively  low.  In  the  2023  Corruption  Perception 
Index  by  Transparency  International,  the  Netherlands  scores  79/100  and  ranks  4th  in  the 
European Union and 8th globally78. This perception has been relatively stable79 over the past 
five  years.  The  2024  Special  Eurobarometer  on  Corruption  shows  that  54%  of  respondents 
consider  corruption  widespread  in  their  country  (EU  average  68%)  and  5%  of  respondents 
feel  personally  affected  by  corruption  in  their  daily  lives  (EU  average:  27%)80.  As  regards 
businesses, 53% of companies consider that corruption is widespread (EU average 65%) and 
13%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average  36%)81. 
Furthermore, 46% of respondents find that there are enough successful prosecutions to deter 
people  from  corrupt  practices  (EU  average  32%)82,  while  45%  of  companies  believe  that 
people  and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU 
average 31%)83.  

The  Government  has  continued  consultations  with  public  bodies  and  civil  society  on 
strengthening  the  anti-corruption  policy.  As  reported  last  year,  the  Netherlands  lacks  an 

75   As an investigation service, the Rijksrecherche or NIID is under the authority and management of the Board 

of Prosecutors General of the Netherlands Public Prosecution Service.  

76   Such  as  border  control,  police,  tax  authority,  public  prosecution,  fiscal  services,  royal  military  police  and 

defence forces. 

77   The actors include the Ministry of Interior and Kingdom Relations, individual municipalities, the NIID, the 

Whistleblowers Authority, and others.  

78   Transparency  International  (2024),  Corruption  Perceptions  Index  2023,  p.  2.  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). 

79   In 2018, the score was 82 while in 2023, the score is 79. The score significantly increases/decreases when it 
changes more than five points; improves/deteriorates when it changes between 4-5 points; is relatively stable 
when it changes from 1-3 points in the last five years. 

80   Special Eurobarometer 584 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

81   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash 
Eurobarometer 524 (2023). 

82  Special Eurobarometer 584 on Citizens’ attitudes towards corruption in the EU (2024).  
83   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  

11 

 
 
overall  anti-corruption  strategy84.  The  Ministry  of Justice  and  Security  continues  to  consult 
public bodies and civil society organisations on how to further strengthen the anti-corruption 
policy85.  Consultations  are  currently  focussing  on  existing  anti-corruption  legislation  and 
policy,  and  their  implementation86.  Civil  society  organisations  also  reiterated  their  call  for 
strengthening the exisitng legal framework to address the lack of adequate criminalisation of 
trading  in  influence87.  The  Government  has  commissioned  a  total  of  four  risk  assessments 
related to corruption88. While these risk assessments cover different areas, and have different 
goals  and  methodologies,  these  assessments  do  not  appear  tied  together  in  an  overall  anti-
corruption  strategic  approach89.  Additionally,  legislation  for  the  prosecution  and  trial  of 
ministers  and  Members  of  Parliament  is  being  updated90.  In  its  May  2024  coalition 
agreement,  the  new  Government  committed  to  implement  a  country-wide  approach  on 
combatting  corruption  by  increasing  the  resilience  of  civil  servants  and  their  willingness  to 
report abuses and by raising awareness on the risks of unauthorised access to IT systems by 
public  officials91.  Civil  society  welcomed  this  explicit  commitment  to  fight  corruption  but 
noted  that  plans  remain  abstract92.  The  new  government  also  pledged  to  take  account  of 
GRECO recommendations,as part of a broader agenda on democracy, rule of law and good 
governance93. 

Preventing infiltration of organised crime groups in the civil service and police through 
corruption  continues  to  be  a  strategic  priority.  Corruption  is  largely  considered  to  be 
linked  to  the  interests  of  subversive  organised  crime94.  A  programme  on  combating 

84   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  pp.  8-9.  In 
addition,  the  Netherlands  scores  low  on  the  OECD  (2024)  Public  Integrity  Indicator  for  Quality  of  the 
Strategic Framework as no strategy is in place. 

85   The future of the Platform on Fighting Corruption, promoting cooperation and information-sharing between 
anti-corruption  bodies  which  stopped  performing  during  the  COVID-19  pandemic,  remains  part  of  the 
consultations. Input from the Netherlands for the 2024 Rule of Law Report, pp. 8-9 and written contribution 
by the Ministry of Justice and Security in the context of the country visit to the Netherlands, pp. 2-3. See 
also the 2023 Rule of Law Report, Country Chapter in the rule of law situation in the Netherlands, p. 9. 
86   For now there is no clear timeline for the end of these consultations; written contribution by the Ministry of 

Justice and Security in the context of the country visit to the Netherlands, pp. 2-3. 

87   The non-criminalisation of “trading in influence” is a long-standing concern of civil society organisation in 
the Netherlands, on which no action has been taken so far. Civil society organisations continue to highlight 
this non-criminalisation as a concern. Input from TI, NHC, FPU and NJC for the 2024 Rule of Law Report, 
p. 11. See also 2022 Rule of Law report, Country Chapter on the rule of law situation in the Netherlands, p. 9 
and 2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 9. 

88   The National Risk Assessment, the Interdepartmental Risk Assessment, the Assessment on Corruption Risks 

on Main Ports, and a Risk Assessment of the Police. 

89   Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands, pp. 2-3. 

90   Government  of  the  Netherlands  (2024),  Modernisation  of  legislation  on  official  offences  for  MPs  and 

ministers initiated. 

91   Coalition Agreement 2024-2028 of the PVV, VVD, NSC and BBB, p. 22. 
92   NPO Radio I (2024), Importance of anti-corruption in new cabinet: ‘Integrity and transparency essential for 

trust’. 

93   Coalition Agreement 2024-2028 of the PVV, VVD, NSC and BBB, p. 19. See also pillar I. 
94   Subversive  crime  links  to  all  forms  of  severe  organised  crime  that  include  meddling  in  the  bona  fide 
structures of society. It refers to forms of crime that subvert the integrity of Government, public and private 
sector and have a degrading effect on values and norms. 

12 

 
 
subversive organised crime was launched in 2020 and continues to be developed95. Research 
on corruption risks and resilience at the Port of Rotterdam and Schiphol Airport, which is part 
of the action plan on mainports96, was published in March 202497. The NIID has investigated 
16 cases of information leakage and 18 cases of corruption within the authorities in 202398. 
Unauthorised access to databases, and the need for appropriate data logging99 continue to be 
high-profile issues linked to  infiltration. The NIID and the Public Prosecution Service have 
issued four reports in 2023 relating to the issuance of data-secure identification documents as 
well  as  to  logging  and  access  management  in  governmental  information  systems100.  As  a 
result,  local  authorities  have  been  working  to  address  vulnerabilities  in  their  work 
processes101. Research on  aspects  of  Italy’s  anti-mafia approach102 pointed to  best  practices 
which  are  also  relevant  to  the  Dutch  context  and  on  which  the  Netherlands  are  already 
working  to  fight  organised  crime103.  The  Ministerial  Committee  on  Tackling  Subversive 
Crime initiated a risk assessment104 which aims at gaining insight into the current approach 
on tackling corruption in the different public bodies, examining corruption risks and at raising 
awareness  for  the  importance  of  anti-corruption  measures105.  First  results  on  this  specific 
assessment, concerning risks in the ministries, will be available by summer 2024 with results 
on executive agencies and local governments following later106.  

The  investigation  and  prosecution  of  corruption-related  crimes  remains  effective  and 
the  competent  authorities  continue  their  work  focusing  on  corruption  linked  to 

95   Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands.  See  also  the  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 
Netherlands, p. 10. 

96   2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10. 
97   The research  concludes that their main corruption risk is bribery in the  law enforcement chain and that in 
both  Rotterdam  and  Schiphol,  employee  resilience  against  bribery  in  the  law  enforcement  chain  is  the 
highest compared to all other risks represented. The Government considers the results in line with previous 
research  and  as  such  sees  no  need  for  further  action.  RAND  Europe  (2024),  Drug-related  corruption  in 
Schiphol Airport and the Port of Rotterdam; WODC (2024), Drug-related corruption at Schiphol Airport and 
the  Port  of  Rotterdam  -  Summary  of  the  RAND  Europe  and WODC  report  on  corruption  threats  on  main 
ports, pp. 4-8; Information received from the Ministry of Justice and Security in the context of the country 
visit to the Netherlands and Written contribution by the Ministry of Justice and Security in the context of the 
country visit to the Netherlands, p. 7. 

98   Public Prosecution Service (2024), annual report 2023, p. 44. 
99   Data  logging  refers  to  corrupt  public  officials  that  access  certain  information  in  official  databases  without 
authorisation. Problems on this topic relate to inadequately equipped IT systems which are not able to track 
the  identity  of  persons  accessing  the  specific  data  in  an unauthorised  manner.  See  also  2023  Rule  of  Law 
Report, Country Chapter on the rule of law situation in the Netherlands, p. 11. 

100  Input from the Netherlands for the 2024 Rule of Law Report, p. 13 and 2023 Rule of Law Report, Country 

Chapter on the rule of law situation in the Netherlands, p. 11. 

101  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands, p. 4. 

102  WODC (2023), Italian anti-mafia legislation as inspiration for Dutch approach to organised crime. See 2023 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11. 

103  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 2024 Rule of Law Report, p. 7.  

104  One of four outlined above. 
105  Information  received  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands and Written  contribution by the Ministry of Justice and Security in the  context of the country 
visit to the Netherlands from 27 March.2024, p. 2. 

106  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands from 14 March 2024, p. 4 and Written contribution by the Ministry of Justice and Security in 
the context of the country visit to the Netherlands from 27 March2024, p. 2. 

13 

 
 
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  prosecutors107.  Statistics  concerning  the  number  of  investigations  on 
corruption-related crimes are not available, but in 2023, 44 individuals were indicted by the 
prosecution  on  charges  of  corruption108  (compared  to  48  individuals  in  2022)109. 
Additionally, in 2023, courts imposed final convictions110 in six cases111 in first instance and 
in  15  cases112  in  second  instance  in  which  breaches  of  one  or  several  corruption-related 
crimes  have  been  proven113.  This  resulted  in  67  sanctions  in  2023,  whereas  in  2022,  103 
sanctions were imposed114. The EPPO has signalled no corruption cases among its open cases 
in 2023 in the Netherlands115. The National Cooperation against Subversive Crime (NSOC) - 
established  in  2022  as  a  cooperation  between  executive  bodies  tackling  criminal  financial 
flows and their underlying business structures, including money laundering and corruption116 
- initially continued its work following an evaluation, with a focus on information sharing117. 
Following  a  motion  adopted  by  the  Dutch  Parliament  on  25  June  2024,  the  Government 
committed  to  accelerate  the  dismantling  of  NSOC  and  allocate  financial  means  to  the 
competent  authorities  to  organise  this  information-sharing  themselves118.  Transparency 
International had previously criticised the NSOC’s unclear legal mandate119. 

Work  on  improving  the  enforcement  of  foreign  bribery  cases  continues,  including  by 
introducing guidelines on self-monitoring and self-reporting. Some concerns remain over 
the  effective  enforcement  of  foreign  bribery  cases120.  To  improve  results,  posts  were 
internally  reassigned  within  the  FIOD  –  ACC121  to  strengthen  the  capacity  to  investigate 

107  Information received from a joint meeting with law enforcement and prosecution services in the context of 
the country visit to the Netherlands. See also the 2020, 2021, 2022 and 2023 Rule of Law Reports, Country 
Chapters on the rule of law situation in the Netherlands, p. 8, pp. 6-7, pp. 9-10, pp. 10-11. 

108  Arts. 177 (active bribery in the  public sector), 178 (obstruction of justice/active bribery of judges), 328ter 

(bribery in private sector), 363 (passive bribery in the public sector) of the Dutch Criminal Code. 

109  Prosecution  data  differentiated  by Article  and  year,  provided  by  the  Dutch  Prosecution  Service  in  March 

2024. 

110  The number on final convictions only refers to the number of cases in which convictions were handed down, 

not to the number of defendants convicted in each case. 

111  Input from the Netherlands for the 2024 Rule of Law Report, pp. 14-15. 
112  Input from the Netherlands for the 2024 Rule of Law Report, pp. 14-15. 
113  Input from the Netherlands for the 2024 Rule of Law Report, pp. 14-15. 
114  Prosecution  data  differentiated  by Article  and  year,  provided  by  the  Dutch  Prosecution  Service  in  March 

2024. 

115  EPPO (2024), Annual Report 2023, p. 47. 
116  Within  the  NSOC,  the  Police,  the  Public  Prosecution  Service,  the  Tax  and  Customs Administrations,  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. 

117  Information received from a joint meeting with law enforcement and prosecution  services in the context of 

the country visit to the Netherlands.  

118  Motie lid Michon-Derkzen c.s. Kamerstukken II 2023-2024, 36 560 VI nr. 15. 
119  The NGO reported only little action by the NSOC in the field of anti-corruption. Information received from 

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

120  As also indicated by the OECD Working Group on Bribery. See also the 2023 Rule of Law Report, Country 

Chapter on the rule of law situation in the Netherlands, pp. 11-12.  

121  Fiscal Intelligence and Investigation Service (FIOD) with its Anti-Corruption Center (ACC). 

14 

 
 
foreign bribery cases122. Overall efforts to increase the capacity of the prosecution service123 
should also have an effect in the area of foreign bribery. Following a study on self-reporting, 
cooperation with the investigators and self-investigation from 2023124, the prosecution service 
is  drafting  guidelines  for  self-monitoring  and  self-reporting  of  financial  economic  crimes 
(including  foreign  bribery  cases  and  others)  to  provide  clarity  for  companies125.  Further 
legislation on this topic is not expected126. A judgment of the Supreme Court has clarified the 
legal  safeguards  as  regards  prosecutorial  requests  on  large  data  sets  potentially  covering 
protected  communications,  providing  for  an  increased  role  for  the  examining  magistrate127. 
This  could  mitigate  the  impact  of  the  issue  of  large  datasets  on  some  foreign  bribery 
investigations128. 

Police  and  law  enforcement  agencies  continue  to  make  extensive  efforts  to  promote 
integrity  and  combat  corruption  risks.  Work  on  police  integrity  continues  and  recorded 
significant  achievements  last  year129.  The  police  appointed  a  Director  on  Integrity  in 
November 2023, responsible for a strategic policy promoting integrity and an ethical working 
environment130 and established a dedicated unit designed to combat corruption internally131. 
Moreover, further analysis on corruption risks within the police is ongoing through research 
projects  aimed  at  identifying  corruption  risks  and  strategies  to  be  able  to  fight  corruption 
within law enforcement agencies early on132. The police is currently revising its 2014 policy 
on accepting gifts and networking133. While taking the implementation of an obligatory gift-
registry  system  recommended  by  GRECO  under  consideration134,  the  police  doubts  such  a 

122  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands,  p.  8  and  Information  received  from  the  FIOD  in  the  context  of  the  country  visit  to  the 
Netherlands. 
123  See Pillar I. 
124  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12. 
125  Input  from  the  Netherlands  for  the  2024  Rule  of  Law  Report  pp.  15-16  and  Written  contribution  by  the 

Ministry of Justice and Security in the context of the country visit to the Netherlands, p. 8. 

126  Information received from a joint meeting with law enforcement and prosecution services in the context of 

the country visit to the Netherlands. 

127  Judgment  of  the  Supreme  Court  of  12  March  2024,  in  case  23/03504,  ECLI:NL:HR:2024:375;  See  also 

Pillar I, footnote 39. 

128  These legal difficulties in using large datasets impact the duration of some foreign bribery cases. 2023 Rule 

of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12. 

129  GRECO concluded recently that Dutch law enforcement agencies have satisfactorily implemented six out of 
eight  GRECO  integrity  and  anti-corruption  recommendations.  GRECO,  Fifth  Evaluation  Round  –  Second 
Compliance Report, The Netherlands (2023), para. 118. 

130  Information received from the police in the context of the country visit to the Netherlands and Input from the 

Police for the 2024 Rule of Law Report, p. 1. 

131  Information received from the Police in the context of the country visit to the Netherlands. 
132  Five-pillar approach of tackling corruption and strengthening integrity in the operational and support units of 
the  Police  by  the  following  projects:  ‘Insight  and  Overview’  for  a  strategic  analysis  of  police  corruption, 
‘Fieldlabs  Police  Anti-Corruption’  for  early  identification  and  combating  corruption,  ‘Cooperation  with 
Insider  Threat  Intelligence  Operations’  on  the  misuse  of  police  intelligence  systems,  ‘Collaboration  with 
Police Academy’ for academic research on motives for police corruption and ‘Strengthening Resilience’ on 
early recognizing and avoiding corruption situations. Information received from the Police in the context of 
the country visit to the Netherlands and Input from the Police for the 2024 Rule of Law Report, pp. 2-3. 
133  Information received from the Police in the context of the country visit to the Netherlands and Input from the 

Police for the 2024 Rule of Law Report, p. 1. 

134  GRECO, Fifth Evaluation Round – Second Compliance Report, The Netherlands (2023), paras. 74-78. 

15 

 
 
system would be effective as police officers are already required not to accept gifts exceeding 
a value of €50135.  

Integrity and transparency for ministers and state secretaries continues to be promoted 
although largely based on  self-responsibility. A Code of Conduct  for Ministers and State 
Secretaries  including  rules  on  gifts,  secondary  activities  and  lobbying  was  adopted  in 
December  2022136.  Two  high-level  integrity  advisers137  were  appointed  in  March  2024138. 
They will function as advisory focal points in cases of integrity concerns and suspicions on 
the  side  of  ministries  and  state  secretaries.  However,  seeking  their  advice  is  neither 
compulsory, nor is their advice binding, and the advisers do not have sanctioning powers and 
cannot  forward  any  report  to  the  Government  or  Parliament139.  According  to  the  Code, 
ministers  must  themselves  report  any  acceptance  of  financial  interests  to  the  House  of 
Representatives,  but  an  oversight  mechanism  has  not  been  put  in  place140.  Hence,  the 
enforcement  of  the  Code  of  Conduct  is  based  on  self-responsibility  and  on  the  principle  of 
parliamentary trust141, which stakeholders continue to be skeptical about.  142. Moreover, the 
Minister of Interior and Kingdom Relations recently addressed the subject of integrity in the 
Council of Ministers. After the forming of a new government and before it will take office, an 
extensive  session  to  raise  awareness  on  integrity  issues  will  be  carried  out  by  an  external 
supervisor for the new ministers and state secretaries143. Finally, the overall integrity policy 
for civil servants and politicians, adopted in 2023, remains in place144. 

Several Members of Parliament were suspended for breaching the integrity rules, while 
broader issues with the asset and interest disclosure regime are signalled.  In December 
2023, the College of Investigation of Integrity145 advised the House of Representatives for the 
second  time  to  issue  suspensions  of  several  Members  of  Parliament  for  a  breach  of 

135  Information received from the Police in the context of the country visit to the Netherlands and Input from the 

Police for the 2024 Rule of Law Report, p. 1. 

136  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 13. 
137  The former ministers Winnie Sorgdrager and Jaap de Hoop Scheffer.  NOS News (2024), Former ministers 

Sorgdrager and De Hoop Scheffer confidants for cabinet members. 

138  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 
to  the  Netherlands  and  Written  contribution  by  the  Senate  in  the  context  of  the  country  visit  to  the 
Netherlands from 22.03.2024, p. 3. 

139  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 

to the Netherlands.  

140  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 
to the Netherlands and Written contribution by the Ministry of Interior and Kingdom Relations in the context 
of the country visit to the Netherlands, p. 6. 

141  Government members can be requested to resign from office if they lose the confidence of a parliamentary 
majority; Input from the Netherlands for the 2024 Rule of Law Report, p. 10 and Written contribution by the 
House of Representatives in the context of the country visit to the Netherlands from 19 March2024, p. 4. 
142  The  effectiveness  of  the  Code  of  Conduct  was  criticised  previously  by  GRECO  and  the  Open  State 
Foundation,  and  this  criticism  was  once  again  confirmed  by  Transparency  International.  See  Open  State 
Foundation (2023), MPs fierce about minister’s integrity policy; GRECO, Fifth Evaluation Round – Second 
Compliance  Report,  The  Netherlands  (2023),  para.  117  and  Information  received  from  Transparency 
International in the context of the country visit to the Netherlands. 

143  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 

to the Netherlands and Input from the Netherlands for the 2024 Rule of Law Report, p. 9. 
144  Ministry of Interior and Kingdom Relations (2023), Integrity policy in public office, pp. 1-2. 
145  House  of Representatives integrity oversight body which  treats complaints related to the Code  of Conduct 

for Members of Parliament. 

16 

 
 
transparency  rules146.  In  2023,  following  the  College’s  advice,  three  parliamentarians  were 
suspended for one week following their refusal to declare their assets and interests in a food 
delivery  service147.  Transparency  International  is  concerned  that  the  2022  sanctions  did  not 
have  a  dissuasive  effect,  citing  concerns  about  their  length  and  severity148.  On  the  basis  of 
research  of  journalists149,  Transparency  International  filed  a  complaint  to  GRECO  alleging 
that over one third of parliamentarians do not or only insufficiently declare their side jobs and 
interests150  and  that  there  is  an  insufficient  review  of  these  declarations151.  In  view  of 
Transparency  International,  this  is  in  contrast  to  the  GRECO  recommendation  from  2013, 
which  served  as  a  basis  for  these  transparency  rules152.  Stakeholders  criticise  existing 
Parliament guidelines as overly vague and too open for interpretation by the relevant House 
integrity working group153.  

There  has  been  some  further  progress  on  the  legislative  reform  on  rules  on  revolving 
doors as it was adopted by the Government, after taking into account advice from the 
Council  of  State.  The  2023  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 in paid activities’154. The 
Government transmitted its legislative proposal on this matter to the Council of State in July 
2023155  and  received  its  advice  in  February  2024156.  As  reported  last  year,  the  proposed 
system would nearly entirely rely on self-responsibility157 as it does not provide for oversight 
or  sanctioning  mechanisms,  and  it  does  not  require  mandatory  follow  up  to  the  advice 
received158.  The  Council  of  State  welcomed  a  reform  of  the  rules  of  revolving  doors.  It 

146  NOS News (2023), Integrity Committee of the House of Representatives wants suspension of three Members 

of Parliament from ‘Forum for Democracy’. 

147  One of the three members of Parliament had previously been sanctioned for his refusal to declare his assets 
in 2022. 2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 14; 
NL Times (2022), Suspend far-right FvD leader Baudet as MP for refusal to declare income: Integrity board 
and Dutch News (2024), All three FvD MPs suspended for breaking transparency rules. 

148  Information received from Transparency International in the context of the country visit to the Netherlands. 
149  NOS News (2024), House of Representatives register still incomplete and unclear. 
150  Transparency International (2024), Letter to GRECO about lack of transparency of interests of Dutch MPs. 
151  The organisation moreover argues that existing transparency rules are deliberately interpreted in such a way 
that the review of the declarations for possible conflicts of interests is hindered. Transparency International 
(2024), Transparency complaint to GRECO about transparency in the House of Representatives. 

152  GRECO’s  2013  recommendation  proposed  to  introduce  rules  on  a  clear  and  exhaustive  disclosure  of  all 
financial  interests,  ancillary  activities  and  income.  GRECO,  Fourth Evaluation  Round  – evaluation  report, 
The Netherlands (2013), p.49; Transparency International (2024), Transparency complaint to GRECO about 
transparency in the House of Representatives and NOS News (2024), Interest and asset registry of House of 
Representatives still incomplete. 

153  NOS News (2024), Interest and asset registry of House  of Representatives still incomplete and 2024 Note 

from the Independent Integrity Advisor regarding recent registeration advice. 

154  2022 and 2023 Rule of Law Reports, Country Chapters on the rule of law situation in the Netherlands, p. 2. 
Some progress was reported last year as the initial legislative proposal was submitted to public consultation. 
155  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 

to the Netherlands and Input from the Netherlands for the 2024 Rule of Law Report, p. 5. 

156  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 

to the Netherlands. 

157  The  draft  proposed  that  a  former  member  of  Government would  –  for  two  years  after  leaving  office  –  be 
obliged to seek advice from an Advisory Board on a new employment in the private and semi-private sector. 
Without  any  sanctioning  or  oversight  mechanism,  the  proposed  system  would  relyon  the  (self-) 
responsibility of the (former) member of Government in question. 

158  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 14-15. 

17 

 
 
however  emphasised  that  legislation  should  be  embedded  into  a  broader  integrity  policy  to 
promote a culture of integrity within the public service, reiterating also its customary warning 
about  addressing ethical  issues solely through legislation159. To  address  the lack of binding 
character  of  the  advice  by  the  Advisory  Board,  it  suggested  that  the  Prime  Minister 
recommends  to  the  (former)  minister  or  state  secretary  concerned  to  follow  the  Advisory 
Board’s advice160. At the end of April 2024, after taking into account the Council of State’s 
advice, the Government adopted the bill and passed it on to the House of Representatives for 
approval161.  The  Open  State  Foundation  welcomed  the  progress  on  rules  on  revolving 
doors162.  Since  the  proposal  has  been  adopted  by  the  Government  and  sent  to  Parliament, 
there has been some further progress on the implementation of the recommendation made in 
the 2023 Rule of Law Report. 

There  has  been  some  progress  as  regards  transparency  of  lobbying,  with  further 
evaluation of the existing measures ongoing. The 2023 Rule of Law Report recommended 
the  Netherlands  to  ‘establish  stricter  transparency  rules  on  lobbying  for  members  of  the 
Government  and  Parliament’163.  As  already  reported  last  year,  there  is  no  transparency 
register for ministers and state secretaries164, and since then, no updates were noted as regards 
the transparency of lobbying in Parliament165. Following a 2022 study on how transparency 
in the government could be promoted166, only the existing integrity policy – which includes 
the  publishing  of  legislative  footprints167  and  ministerial  agendas168  –  has  been  updated169. 
The  Government  believes  that  the  existing  measures  already  meet  the  objective  of  a 
transparency register, namely providing insight into contacts with third parties and influence 
in political decision making.170 It remains the individual responsibility of each Minister and 
State  Secretary  to  disclose  their  agendas  and  legislative  footprints171.  The  Government  has 

159  Council of State Opinion (2024) on the Law regulating follow-up functions of ministers. 
160  Council of State Opinion (2024) on the Law regulating follow-up functions of ministers. 
161  Council  of  Ministers  (2024),  Decision  List  26  April  2024,  pp.  7-8.  The  amended  draft  contains  the 
aforementioned obligation for ministers and state secretaries to obtain advice on a follow-up position from 
an Aadvisory Board’s, although the advice (and the former minister or state secretary’s new position) will be 
published.  The  rules  continue  to  rely  entirely  on  societal  control  and  reputational  consequences  for  its 
enforcement. Explanatory Memorandum on the Law regulating follow-up functions of ministers. (2024), pp. 
4-5. 

162  Open State Foundation (2024), Anti-revolving door bill to parliament. 
163  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 2. 
164  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15.  
165  For  the  House  of  Representatives  in  the  Netherlands,  there  is  a  voluntary  and  publicly  available  lobbying 
register in place since 2012; see the 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in the Netherlands, p. 15. No updates regarding this lobbying register were reported. 

166  This  study  concluded  that  instead  of  implementing  a  lobbying  register,  the  Government should  strengthen 
the  rules  on  transparency  already  in  place,  namely  the  publishing  of  ministerial  agendas  and  legislative 
footprints,  see  also  the  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 
Netherlands, p. 15 and Input from the Netherlands for the 2023 Rule of Law Report, p. 13. 

167  The  publishing  of  an  overview  of  the  stakeholders  consulted  in  the  legislative  process.  Input  from  the 
Netherlands for the 2024 Rule of Law Report, p. 1 and Transparency International (2023) Lifting the Lid on 
Lobbying p. 44. 

168  The  publishing  of  appointments  of  ministers  –  barring  certain  exemptions  –  by  disclosing  subject  of  the 

appointment and the contact person. Input from the Netherlands for the 2024 Rule of Law Report, p. 1. 

169  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15 and  Input 

from the Netherlands for the 2024 Rule of Law Report, p. 1. 

170  Input from the Netherlands for the 2024 Rule of Law Report, p. 6.  
171  Ministry  of  Interior  and  Kingdom  Relations  (2023),  Reaction  of  the  Cabinet  to  the  study  “Framework  on 

legitimate interest representation”. 

18 

 
 
nevertheless commissioned additional research to further evaluate the effects of the measures 
in place, and, in case there wouldbe a decision to update the lobbying regulation in the future, 
the responsible Ministrypre-emptively launched a comparative study on lobbying registers in 
place  in  other  EU  Member  States172.  Transparency  International  criticised  the  rules  for  not 
being  sufficiently  transparent  and  recommended  the  introduction  of  a  compulsory 
transparency register, an independent oversight authority and a code of ethics for lobbyists173. 
They  also  noted  an  uneven  performance  of  various  ministers  in  publishing  their  agendas174 
and the practical absence of a legislative footprint175. Since the Government is evaluating the 
current system and looking into best practices in other Member States, there has been some 
progress  on  the  implementation  of  the  recommendation  made  in  the  2023  Rule  of  Law 
Report. 

The  draft  new  Political  Parties  Act  aims  to  streamline  existing  legislation,  increase 
transparency and limit foreign and anti-democratic influence. Following the revision of 
the Act on Political Party Financing in 2023176, the Government has published a separate and 
more  comprehensive  draft  law  on  party  financing  and  transparency:  the  Policial  Parties 
Act177.  It  aims  at  combining  and  improving  the  Act  on  Political  Party  Financing178.  The 
Political Parties Act aims to regulate, amongst other provisions, foreign parties’ activities and 
includes a prohibition on parties that “present a clear and present danger of undermining or 
abolishing the democratic rule of law”179. It also proposes to subsidise parties at the local and 
provincial  levels,  aiming  to  make  them  independent  from  private  investors  and  thus  less 
susceptible to unwanted financial influence180. The draft was sent to the Council of State for 
advice,  following  consensus  among  all  ministries181.  Transparency  International  has 
welcomed the reforms182.  

The Whistleblower’s Authority observes a substantial rise of reports and investigations 
the  new 
following  the  adoption  of  relevant 

legislation.  As  reported 

last  year, 

172  Information received from the Ministry of Interior and Kingdom Relations in the context of the country visit 
to  the  Netherlands  and  input  from  the  Netherlands  for  the  2024  Rule  of  Law  Report,  p.  6  and  written 
contribution  by  the  Ministry  of  Interior  and  Kingdom  Relations  in  the  context  of  the  country  visit  to  the 
Netherlands from 14 March 2024, p. 5. The Government has initiated consultations with Germany, France, 
Ireland and the UK on their respective transparency registers.  

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

and Transparency International Netherlands (2023), Lifting the Lid on Lobbying, pp. 7-9. 

174  Information received from Transparency International in the context of the country visit to the Netherlands 
and Transparency International Netherlands (2023), Transparency of Ministers’ agendas has deterioated. 
175  Information received from Transparency International in the context of the country visit to the Netherlands 

and Transparency International (2023) Lifting the Lid on Lobbying pp. 50-51. 

176  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 16. 
177  Dutch Government (2024), Law on Political Parties sent for advice to Council of State. 
178  Ibidem. 
179  The law already defines that parties can be prohibited by a judge when they act  “against the public order”; 
now this would be specified that parties can be prohibited – only by a judge – if they seek to “undermine or 
abolish the democratic rule of law”. Such a prohibition would for example target those parties that seek to 
undo the independence of the judiciary or interfere with the electoral process. Information received from the 
Ministry of Justice and Security in the context of the country visit to the Netherlands and Government of the 
Netherlands (2022), Bill enables the ban of parties that undermine democracy. 

180  Dutch  Government  (2024),  Law  on  Political  Parties  send  for  advice  to  Council  of  Stateand  Information 

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

181  Dutch  Government  (2024),  Law  on  Political  Parties  send  for  advice  to  Council  of  State  and  information 
received from the Ministry of Justice and Security in the context of the country visit to the Netherlands. 
182  Information received from Transparency International in the context of the country visit to the Netherlands. 

19 

 
 
whistleblowing  legislation  entered  into  force  in  2023  with  the  aim  to  transpose  the  EU 
Whistleblower  Protection  Directive183.  The  government  foresees  further  amendments  to  the 
legislation  to  regulate  issues  outside  the  scope  of  the  Directive,  but  this  awaits  further 
research184.  Following  the  adoption  of  this  legislation,  the  Whistleblower’s  Authority 
recorded  a  rise  of  52%  in  requests  for  advice  from  potential  reporters  of  suspected 
wrongdoing compared to 2022185. However, specific data on the number of reports that relate 
to  corruption  in  the  working  environment  is  not  gathered  and  can  therefore  not  be 
evaluated186.  Additionally,  56%  more  employers  have  approached  the  Whistleblower’s 
Authority in 2023 compared to 2022187 with questions on topics including the implementation 
of  a  proper  internal  reporting  channel188.  The  government  has  initiated  a  campaign  on  safe 
working  and  reporting  climate  to  promote  knowledge  about  the  Whistleblowers  Protection 
Act189.  Three  years  after  the  entry  into  force  of  the  law,  the  government  will  carry  out  an 
evaluation of its impact190. 

A National Risk Assessment aims to identify the largest corruption threats and overall 
risks  at  national,  provincial  and  local  levels.  The  Flash  Eurobarometer  on  Businesses’ 
attitudes towards corruption in the EU shows that 16% of companies in the Netherlands (EU 
average  27%)  think  that  corruption  has  prevented  them  from  winning  a  public  tender  or  a 
public procurement contract in the last three years191. Public procurement remains one of the 
main  areas  at  high  risk  of  corruption  in  the  country192.  While  the  country  follows  a 
decentralised  approach  in  the  fight  against  corruption,  the  Ministry  of  Justice  and  Security 
has  commissioned  a  National  Risk  Assessment  on  Corruption  which  commenced  in  April 
2024 193. The assessment aims to identify the largest corruption threats, the overall risk-level 
of these threats as well as potential resilience against corruption194 in the public and private 

183  2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 16. 
184  Such  amendments  would  concern  anonymous  reports  of  suspected  abuse  and  new  supervisory  and 
sanctioning  powers  for  the  Dutch  Whistleblower’s  Authority.  Information  received  from  the  Dutch 
Whistleblower’s  Authority  in  the  context  of  the  country  visit  to  the  Netherlands  and  Input  from  the 
Netherlands for the 2024 Rule of Law Report, p. 11. 

185  NOS News (2024), Significantly more reports to the House of Whistleblowers last year.  
186  Information  received  from  the  Dutch  Whistleblower’s Authority  in  the  context  of  the  country  visit  to  the 

Netherlands and Input from the Netherlands for the 2024 Rule of Law Report, p. 11. 

187  Information  received  from  the  Dutch  Whistleblower’s Authority  in  the  context  of  the  country  visit  to  the 

Netherlands. 

188  Ibidem. 
189  Input from the Netherlands for the 2024 Rule of Law Report, p. 11. 
190  Ibidem. 
191  Flash  Eurobarometer  543  on  Businesses’  attitudes  towards  corruption  in  the  EU  (2024).  This  is  11 

percentage points below the EU average. 

192  For example, the Dutch police has reported on corruption-related problems with the procurement of cars in 
the past. Therefore, the police focuses to strengthen resilience not only in operational police units but also in 
support  and  procurement  units.  Transparency  International  has  also  signalled  procurements  below  the 
threshold  including  in  EU  legislation  often  do  not  get  published,  leading  to  a  lack  of  transparency. 
Information received from the police and Transparency International in the context of the country visit to the 
Netherlands. 

193  The risk assessment will be carried out by the WODC. This is one of the four different risk assessments that 
are  ongoing.  Input  from  the  Netherlands  for  the  2024  Rule  of  Law  Report,  pp.  12-13  and  Written 
contribution by the Ministry of Justice and Security in the context of the country visit to the Netherlands, pp. 
1-2. 

194  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands, pp. 6-7 and Written contribution by the Ministry of Justice and Security in the context of the 
country visit to the Netherlands, pp. 1-2. 

20 

 
 
sectors at a local, provincial and national level195. Results are expected in late 2025196. Since 
in the last years the healthcare sector has proven to be another high-risk area for corruption, 
including  through  a  corruption  case  at  the  country’s  largest  cardiology  department197,  the 
FIOD-ACC and prosecution have increased their efforts in this regard198. A recent  audit by 
the  Court  of  Audit  found  that  –  while  overall  praising  the  effective  organisation  of 
procurement at a time of crisis - the government did not pay sufficient attention to potential 
conflicts of interest during vaccine procurement for the COVID-19 pandemic199. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Media  freedom  in  the  Netherlands  is  underpinned  by  constitutional  and  legislative 
protections200.  These  protections  include  constitutional  safeguards  for  press  freedom201,  an 
independent  media  regulator  (Commissariaat  voor  de  Media),  alongside  mechanisms  that 
guarantee  the  independence  of  public  service  media  in  terms  of  governance  and  financial 
support. Access  to  public documents is  ensured through the Open Government Act  of May 
2022.  With  initiatives  such  as  PersVeilig,  important  initiatives  have  been  established  to 
improve  the  safety  of  journalists,  demonstrating  a  commitment  to  combating  physical 
violence, online harassment, and legal disputes against media professionals. 

While the Dutch media regulator maintains its operational independence, supported by 
adequate  resources,  some  issues  have  been  raised  related  to  the  adequacy  of  the  self-
governing  body  for  the  press  sector.  The  media  regulator  continues  to  function 
autonomously202  and  is  well-equipped  to  fulfil  its  mandate203.  It  considers  that  its  financial 
and  staffing  resources  are  sufficient  to  address  its  current  needs204.  The  journalistic  self-
regulatory body (Raad voor  de  Journalistiek) monitors deontological  standards in  the press 
sector by handling complaints and assessing whether a journalist has exceeded the boundaries 
of  journalistic  ethics.  It  can  issue  opinions  only  and  it  cannot  impose  rectifications  or 

195  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands, pp. 1-2. 

196  Written  contribution  by  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 
Netherlands, pp. 6-7 and Written contribution by the Ministry of Justice and Security in the context of the 
country visit to the Netherlands, pp. 1-2. 

197  A  scandal  in  the  country’s  largest  cardiology  department,  in  which  two  doctors  are  suspected  to  have 
accepted  bribes  from  a  German  medical  supplier  in  2022  to  install  their  brand’s  devices  in  patients,  even 
when not medically necessary, resulted in numerous unnecessary heart implants.  Dutch News (2022), Fall-
out  from  hospital  bribery  inquiry  ‘putting  heart  patients  at  risk  and  Isala  hospital  (2023),  Patientstories 
Cardiology NRC 

198  By  creating  awareness,  especially  for  the  option  to  report  signs  of  corruption  anonymously;  information 
received from a joint meeting with law enforcement and prosecution services in the context of the country 
visit to the Netherlands and Input from the Netherlands for the 2024 Rule of Law Report, pp. 11-12. 

199  Netherlands Court of Audit (2024), VWS acted quickly and aimed at public objectives when buying COVID 

vaccines. 

200  The Netherlands rank 4th in the 2024 Reporters without Borders World Press Freedom Index compared to 6th 

in the previous year. 

201  Article 7 of the Dutch Constitution. 
202  2024 Media Pluralism Monitor, country report Netherlands, p. 12. 
203  Article 7 of the Dutch Media Law of 2008.  
204  Information received in the context of the country visit to the Netherlands from the media regulator. 

21 

 
 
sanctions205. Free press Unlimited reported that several media are no longer recognising the 
deontological body, arguing that it is unequipped to assess complex cases206. 

Challenges continue regarding transparency of media ownership and high-level media 
market concentration. Although the Dutch media regulator issues the Mediamonitor, which 
provides public access to media ownership details, it lacks the competence to compel entities 
to disclose their ownership information207. The high level of media concentration reported in 
last  year’s  Rule  of  Law  report208,  with  the  associated  very  high-risk  assessment  of  media 
concentration by the Media Pluralism Monitor209, persists210. In December 2023, DPG Media, 
a  major  Belgian  media  company,  announced  its  intention  to  acquire  RTL  Nederland,  the 
largest  private  broadcasting  company  in  the  Netherlands  with  24,4%  of  market  share211. 
Journalist associations have voiced concerns over the increasing level of concentration in the 
media market that would result from this acquisition212.The acquisition agreement is subject 
to  approval  by  the  Dutch  Authority  for  Consumers  and  Markets  (Autoriteit  Consument  & 
Markt)213.  The  Dutch  media  regulator  has  already  publicly  expressed  its  willingness  to 
support214  the  competition  authorities  in  reviewing  the  acquisition’s  potential  impact  on 
media pluralism215. The recent coalition agreement has pledged to provide the Authority for 
Consumers and Markets with additional tools to take account of diversity in the Dutch media 
landscape in competition assessment216. 

There  are  ongoing  efforts  to  reform  the  public  broadcasting  system,  while  concerns 
have  been  raised  over  accountability  and  the  ability  to  uphold  journalistic  standards. 
The Dutch public broadcasting system, which currently includes 13 broadcasters representing 
various societal groups, is coordinated by the Foundation for Public Broadcasting (NPO) that 
oversees  the  distribution  of  airtime  and  the  funding  of  recognised  public  broadcasters.  As 
highlighted in last year’s Rule of Law report217, in line with the objective to promote media 
pluralism, the Government established an advisory committee to evaluate the governance of 

205  The Raad voor de Journalistiek publishes opinions on complaints on its website. 
206  Free  Press  Unlimited  (2024),  An  underestimated  problem:  disproportionate  legal  pressure  on  Dutch 
journalism. A study on the extent and impact of legal pressure on Dutch journalism by Free Press Unlimited, 
p. 27. The report highlights that the journalists consider that the capacity and procedures of the deontological 
body are not adequate to handle complex cases. This was confirmed in a written contribution by Free Press 
Unlimited in the context of the country visit to the Netherlands. 

207  Information received in the context of the country visit to the Netherlands from the media regulator. 
208  2023 Rule of Law Report, country chapter on the rule of law situation in the Netherlands, p. 21. 
209  2024 Media Pluralism Monitor, country report Netherlands, p. 14. 
210  Dutch media regulator, Mediamonitor 2023, p. 12. 
211  Dutch media regulator, Mediamonitor 2023, p. 10. 
212  Written contribution by Free Press Unlimited in the context of the country visit to the Netherlands. 
213  Authority  for  Consumers  and  Markets  (2024),  DPG  Media  wants  to  acquire  RTL  Nederland  Holding  and 
RTL  Nederland  Media  Services  (merger  notification). As  noted  in  the  2023  Rule  of  Law  Report,  country 
chapter  on  the  rule  of  law  situation  in  the  Netherlands,  p.  21,  the Authority  for  Consumers  and  Markets 
already  prohibited  a  proposed  merger  between  RTL  Nederland  and  Talpa  due  to  competition  concerns  in 
March 2023. 

214  According to Article 7.21 of the Dutch Media Law of  2008, the media regulator is competent to assess the 

impact of media market concentrations on media pluralism and independence. 

215  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  media  regulator.  The 
Dutch  Journalist  Association  also  voiced  some  concerns  regarding  this  acquisition  in  the  context  of  the 
country visit to the Netherlands. 

216  Coalition agreement between PVV, VVD, NSC and BBB. 
217  2023 Rule of Law Report, country chapter on the rule of law situation in the Netherlands, p. 21. 

22 

 
 
the public broadcasting system and offer recommendations on improving the admission and 
accountability  criteria  for  public  broadcasters218.  Released  in  September  2023,  the 
committee’s  final  report  identified  shortcomings  of  the  current  system  in  promoting  media 
plurality  and  suggested  several  reforms219.  Recent  developments  regarding  Ongehoord 
Nederland  (ON),  a  public  broadcaster  claiming  to  represent  the  concerns  of  Dutch  citizens 
who  feel  underrepresented  in  mainstream  media,  highlight  challenges  faced  by  the  public 
broadcasting  system  in  upholding  journalistic  standards  and  providing  a  plurality  of 
information and opinions to their audiences in an impartial manner220. In 2023, ON received a 
third  sanction  from  the  NPO,  following  the  Ombudsman  confirmation221  that  ON 
systematically  breached  journalistic  standards,  including  for  allegations  of  racism  and 
discrimination. Although the NPO’s Board requested the Ministry of Culture to revoke ON’s 
temporary  licence,  the  State  Secretary  for  Culture  considered  that  the  observed  lack  of 
cooperation by ON did not reach a sufficient threshold to warrant such a withdrawal222. In its 
response,  the  State  Secretary  has  pleaded  for  explicitly  requiring  adherence  to  journalistic 
standards as a criterion for the recognition and continued participation of broadcasters in the 
public  system223.  Furthermore,  the  State  Secretary  has  pledged  to  examine  the  question 
relating  to  the  adherence  to  journalistic  standards224  as  a  criterion  for  the  recognition  and 
continued  participation  of  broadcasters  in  the  public  system  and  has  announced  that  an 
external  study  would  be  commissioned  for  this  purpose225.  The  NPO  has  also  expressed 
concerns  over  securing  sufficient  funding  to  fulfil  its  public  service  mandate,  especially 
considering the need to meet the higher standards on public service media introduced by the 
European Media Freedom Act226.  

The Government continues efforts  to improve transparency and access  to information 
in response to ongoing challenges in the implementation of the Open Government Act. 
Since  the  implementation  of  the  Open  Government  Act  in  May  2022,  the  Government  has 
continued  efforts  towards  enhancing  transparency  and  public  access  to  information227.  Key 
initiatives  include  the  proactive  disclosure  of  policy  notes  in  addition  to  parliamentary 
documents  since  September  2022  and  the  introduction  of  a  central  platform  (Woo-index)228 

218  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Dutch  Ministry  of 

Education, Culture and Science. 

219  Advisory College Van Geel (2023), Unity in pluralism: Plea for a resilient public broadcaster; Information 
confirmed in the context of the country visit to the Netherlands from the NPO. (e.g., establishing a maximum 
number of recognised public broadcasters) 

220  Article 5(1) of the European Media Freedom Act. 
221  NPO Ombudsman (2022), Decision investigation Ongehoord Nederland. 
222  State Secretary for Education, Culture and Science, Decision of 19 December 2023, Final decision regarding 

the request of NPO to withdraw provisional recognition of Ongehoord Nederland. 

223  State  Secretary  for  Education,  Culture  and  Science  (2023),  Letter  to  Parliament  of  19  December  2023 
accompanying the Decision of 19 December 2023. Information confirmed in the context of the country visit 
to the Netherlands from NPO. 

224  The State Secretary considers that, under Articles 2.1 and 2.88 of the Dutch Media Law of 2008, the Dutch 

media regulator is responsible for the enforcement of these standards.  

225  State Secretary for Education, Culture and Science (2024), Letter to Parliament of 5 April 2024 on the future 
of  media  policy;  State  Secretary  for  Education,  Culture  and  Science  (2023),  Letter  to  Parliament  of  19 
December 2023 accompanying the Decision of 19 December 2023. 

226  Information received in the context of the country visit to the Netherlands from the NPO. 
227  Written contribution from the Ministry of Interior in the context of the country visit to the Netherlands. 
228  Register of Government Organisations, Woo-index. 

23 

 
 
that  consolidates  all  mandatory  disclosed  documents,  allowing  for  easier  public  access229. 
However,  the  Government  recognises  that  challenges  in  the  implementation  of  the  Open 
Government  Act  persist,  particularly  concerning  the  timely  processing  of  information 
requests230. It therefore launched a review of the implementation of the Act, which revealed 
both  obstacles  and  best  practices  in  the  handling  of  document  requests231.  Following  the 
results  of  this  review  published  in  December  2023232,  on  21  June  2024  the  Government 
outlined measures to ensure a better implementation of the Act, including the management of 
public  information  and  the  acceleration  of  request  processing233.  For  instance,  to  better 
monitor  the  handling  of  document  requests,  the  Government  is  developing  a  central 
dashboard that would cover all central Government entities234. 

There  are  several  ongoing  efforts  to  improve  the  safety  of  journalists,  including 
legislation  criminalising  doxing,  however  threats  and  violence  against  journalists 
remain concerning. The initiative PersVeilig235 continues to play a crucial role in enhancing 
the  safety  of  journalists,  addressing  physical  assaults,  online  harassment,  and  legal 
disputes236. Stakeholders generally consider that PersVeilig has been proactive in addressing 
violence  against  journalists,  including  through  its  focus  on  online  harassment  and  the  legal 
intimidation  of  journalists237.  The  initiative  is  currently  being  evaluated  to  inform  the 
development  of  a  sustainable  financial  framework  from  2025  onwards238,  reflecting  a 
commitment  by  the  Government  to  a  long-term  support  mechanism  for  journalists.  Despite 
these efforts, challenges remain239, as reflected by the four alerts lodged with the Council of 
Europe’s Platform to promote the protection of journalism and safety of journalists since the 
2023  Rule  of  Law  report240.  One  of  the  new  alerts  concerns  an  attempted  murder  of  a 
journalist241.  A  study  commissioned  by  the  Ministry  of  Justice  and  Security  in  2023  offers 
detailed  insights  into  the  prevailing  conditions  of  violence  and  aggression  against 

229  State  Secretary  for  Education,  Culture  and  Science  (2023),  Letter  to  Parliament  of  19  December  2023 

accompanying the Decision of 19 December 2023. 

230  Information received in the context of the country visit to the Netherlands from the Ministry of Interior. 
231  Minister  for  Interior  Affairs  (2023),  Letter  to  the  Parliament  of  8  September  2023  regarding  the  2023 

European Commission Rule of Law Report. 

232  Minister  for  Interior  Affairs  (2023),  Letter  to  the  Parliament  of  7  December  2023  regarding  the  Open 

Government Act. 

233  Ministry  for  Interior  Affairs,  Letter  to  the  Parliament  of  21  June  2024  with  the  cabinet  response  to  the 

introduction test of the Open Government Act. 

234  Ibidem. 
235  Since  its  inception  in  2019,  PersVeilig  has  developed  a  comprehensive  protocol  for  protecting  journalists, 

with the collaborative effort of law enforcement, media organisations, and journalists. 

236  Written  contribution  from  the  Ministry  of  Justice  and  Security  in  the  context  of  the  country  visit  to  the 

Netherlands. 

237  Information received in the context of the  country visit to the Netherlands from Free Press Unlimited, the 

Dutch Journalist Association and the Dutch Media Regulator. 

238  Information received in the context of the country visit to the Netherlands from the Ministry of Justice and 

Security. 

239  Minister  for  Interior  Affairs  (2023),  Letter  to  the  Parliament  of  8  September  2023  regarding  the  2023 

European Commission Rule of Law Report. 

240  Council of Europe, Platform to promote the protection of journalism and safety of journalists (2023). 
241  Media  Freedom  Rapid  Response  (2023),  “Armed  man  walked  into  Hilversum's  Media  Park  with  the 
intention  to  kill  presenter  Tim  Hofman”  and  Council  of  Europe,  Platform  to  promote  the  protection  of 
journalism  and  safety  of  journalists  (2023),  “Armed  Man Arrested  for  Threatening  to  Kill  Presenter  Tim 
Hofman”. 

24 

 
 
journalists242. Other research shows that a significant number of journalists (82%) encounter 
various  forms  of  intimidation,  aggression,  or  threats  because  of  their  work243.  In  addition, 
female journalists seem particularly vulnerable to specific forms of aggression, such as online 
harassment244. In this regard, the entry into force in January 2024 of legislation criminalising 
doxing245 was highlighted by stakeholders as a key step in protecting journalists from online 
threats,  especially  considering  the  applicable  aggravated  circumstances  when  targeting 
journalists246. Although certain stakeholders do not consider strategic lawsuits against public 
participation  (SLAPP)  as a systemic issue in  the Netherlands247, they raised some concerns 
over  a  civil  defamation  case  by  a  business  owner  against  Het  Financiële  Dagblad  and  its 
editor-in-chief concerning articles regarding investments in Iran, which the Dutch Journalists’ 
Union urged to be recognised as a SLAPP and dismissed by the courts248. 

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  legislation249.  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. The Netherlands Institute for Human Rights, which functions as 
the national equality body, contributes to upholding fundamental rights. 

Stakeholders  are  generally  satisfied  with  the  consultation  process  on  draft  legislations 
and  policies.  As  a  general  practice,  the  Government  involves  stakeholders  by  means  of 
internet consultations during the drafting process of legislation or policy documents250. Civil 
society  organisations  report  that  at  times  the  consultation  period  is  shorter  than  normal  for 

242  Erasmus  University  Rotterdam  (2023),  Images  of  violence,  a  mixed  methods  study  of  violence  and 

aggression against journalists. 

243  T. van Hal and L. Klein Kranenburg (2021), Aggression and threats towards journalists. 
244  Minister  for  Interior  Affairs  (2023),  Letter  to  the  Parliament  of  8  September  2023  regarding  the  2023 
European Commission Rule of Law Report. This was also confirmed in the context of the country visit to the 
Netherlands by the Dutch Journalist Association. 

245  Article 285d of the Dutch Criminal Code and Dutch Prosecutor (2023), “Guidelines for criminal procedure 

doxing”. 

246  Information received in the context of the  country visit to the Netherlands from Free Press Unlimited, the 
Dutch Journalist Association and NPO. There are other stakeholders that consider that disproportional legal 
pressure  on journalists is an  underestimated issue  in the Netherlands, which could potentially lead to self-
censorship  -  Free  Press  Unlimited  (2024), An  underestimated  problem:  disproportionate  legal  pressure  on 
Dutch  journalism. A  study  on  the  extent  and  impact  of  legal  pressure  on  Dutch  journalism  by  Free  Press 
Unlimited. 

247  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  by  the  Dutch  Journalist 

Association. 

248  Council of Europe, Platform to promote  the protection of journalism and safety of journalists (2023), “Het 

Financiële Dagblad Sued for Defamation Over Reports”. 

249  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.  

250  CSO  stakeholders  and  VNO-NCW  report  to  be  generally  consulted  on  draft  legislation.  Joint  contribution 
from the Netherlands Helsinki Committee, Free Press Unlimited, Transparency International Nederland and 
NJCM for the 2024 Rule of Law Report, p. 22 and Information received from VNO-NCW in the context of 
the country visit to the Netherlands. 

25 

 
 
them to contribute effectively251. In 2023, the website enabling the consultation of the public 
was overhauled to make it more user-friendly and comprehensive. Panel discussions are also 
organised at an early stage with SMEs, entrepreneurs, and their representatives, on legislative 
proposals that might affect them252. 

Some  further  progress  has  been  made  by  all  state  powers  to  address  shortcomings 
resulting  in  the  childcare  allowances  affair  and  recommendations  by  a  State 
Commission  on  the  Rule  of  Law  to  strengthen  the  legal  protection  of  citizens  were 
presented.  The  2023  Rule  of  Law  Report  recommended  to  the  Netherlands  to  ‘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’253. In April 2022, the Government announced several measures regarding the executive, 
legislative,  and  judicial  branch  in  response  to  the  recommendations  made  by  the  Venice 
Commission to enhance the legal protection of citizens in relation to the State, following the 
childcare allowances affair254. In this regard, the Government is still preparing amendments 
to the General Administrative Law to strengthen the rights of individuals255. It is also making 
efforts  to  improve  the  quality  of  legislation  and  is  preparing  legislation  to  enable  judicial 
constitutional review of legislation256. From the side of the judiciary,  a trend is observed of 
more  attention  being  paid  to  the  legal  protection  of  citizens  by  courts  in  the  handling  of 
administrative  cases257.  Following  the  childcare  allowance  affair,  the  Council  for  the 
Judiciary  also  reflects  on  possible  problematic  legislation  in  its  yearly  report.  Parliament 

251  Consultations normally last between six to eight weeks, but the time allocated is sometimes reduced, with 
one  specific  initiative  in  the area  of  counterterrorism  only  being  open for  consultation for five days;  Joint 
contribution  from  the  Netherlands  Helsinki  Committee,  Free  Press  Unlimited,  Transparency  International 
Nederland and NJCM for the 2024 Rule of Law Report, p. 22.  

252  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  VNO-NCW.  In  the 
Netherlands,  only  9%  of  the surveyed  companies  perceive  the  frequent  changes  in  legislation  or  concerns 
about quality of law-making process as a reason for the lack of confidence in investment protection. Figure 
56, 2024 EU Justice Scoreboard. 

253  In  the  2023  Rule  of  Law  Report,  the  Commission  concluded  that  some  progress was  made  on  the  2022 
recommendation. 2023 Rule of Law Report, Country chapter on the situation in the Netherlands, pp. 2, 20-
22. See also 2021 and 2022 Rule of Law Reports, p.13 and 16 respectively. 

254  Venice Commission, Netherlands-Opinion on the Legal Protection of Citizens, CDL-AD (2021)03 adopted 
on 15-16 October 2021, paras. 134-137. Cabinet response to the report of the Venice Commission ‘The 

Netherlands – Opinion on the Legal Protection of Citizens’, 12 April 2022. 

255  A 6-month formal and (internet)consultation on the Bill started February 1st 2024; Information received in 

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

256  Input from the Netherlands for the 2024 Rule of Law Report, p. 22. The coalition agreement between PVV, 
VVD, NSC and BBB intends to reform the Constitution to remove the prohibition contained in Article 120 
of the Constitution and allow for judicial constitutional review, and to create a Constitutional Court. It also 
foresees  to  strengthen  constitutional  review  by  Parliament,  including  its  role  in  ratifying  international 
treaties. 

257  The  Council  for  the  Judiciary  points  out  that  as  a  result  of  this  development,  the  (first  instance) 
administrative judges have turned from 'reviewing judges’; into more 'legal protection judges' and there is 
more room for the 'human dimension', mentioning for example, the case law on the excusable exceeding of 
time-limits; Information received and in the context of the country visit to the Netherlands from the Council 
for the Judiciary. NJCM confirms this trend in pointing to the fact that this is snapshot of jurisprudence that 
needs further consolidation; Information received in the context of the country visit to the Netherlands from 
NJCM;  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 was that in order to 
avoid injustice in the future, legal protection of citizens had to be given more importance vis-à-vis unity of 
the law and legal certainty.  

26 

 
 
 
launched  another  inquiry  into  respect  by  the  tax  authorities  for  the  principle  of  equal 
treatment  and  non-discrimination  in  their  approach  to  combat  fraud258,  notably  through 
algorithmic  decision-making259.  In  its  conclusions  presented  on  26  February  2024,  the 
Parliamentary Commission of Inquiry into Fraud Policy and Services pointed to the risk that 
an  event  like  the  child  allowances  affair  could  happen  again  as  the  underlying  patterns  are 
still  present260  and  drew  up  several  recommendations,  including  introducing  constitutional 
review,  increasing  the  budget  of  the  Data  Protection  Authority,  making  the  Government 
legally  accountable  for  discriminatory  acts,  and  separating  the  Administrative  Jurisdiction 
Division from the Council of State and transferring it to the judiciary261. It acknowledged the 
need  for  Parliament  itself  to  improve  its  capacity,  legislative  role,  and  information  position 
vis-à-vis 
the 
recommendations263. As mentioned in the 2023 Rule of Law Report, a State Commission on 
the functioning of the rule of law264 with recommendations on structural changes that all state 
powers  need  to  introduce  to  enhance  the  rule  of  law  from  a  citizens’  perspective  was 
established.  The  State  Commission  presented  its  final  Report  on  10  June  2024,  with  ten 
proposals  aimed  at  strengthening  the  legal  protection  of  citizens265.  While  all  three  state 
powers  have  continued  to  engage  in  addressing  the  shortcomings  resulting  in  the  childcare 
allowances affair as notably identified by the Venice Commission266, many initiatives remain 

stakeholders  concur  with  most  of 

the  Government262.  Several 

258  Report of Parliamentary Commission of Inquiry into Fraud Policy and Services, Blind to Man and Law, 26 

February 2024. 

259  A reflection document on algorithmic-decision making is under public consultation; Information received in 
the  context  of  the  country  visit  to  the  Netherlands  from  the  Government.  On  12  March  2024  the 
Landsadvocaat (state’s attorney) published an opinion stating that the use of profiling criteria and algorithms 
by the tax authorities is not in accordance with the rights of citizens not to be subjected to automated data 
processing  enshrined  in  article  22  GDPR;  Pels  Rijcken,  Advice  on  automated  selection  technique  to  the 
Finance Ministry, 12 March 2024; The coalition agreement between PVV, VVD, NSC and BBB intends to 
regulate the use of algorithmic profiling; Joint contribution from the Netherlands Helsinki Committee, Free 
Press Unlimited, Transparency International Nederland and NJCM to the 2024 Rule of Law Report, p. 25. 
260  Report of Parliamentary Commission of Inquiry into Fraud Policy and Services, Blind to Man and Law, 26 
February 2024, p. 48. The coalition agreement emphasises the need to enhance citizens’ trust in institutions, 
their access to public authorities and their effective legal protection. 

261  As envisaged by the new Government, see pillar I p. 4... 
262  As also envisaged in the coalition agreement. 
263  Information received in the context of the country visit to the Netherlands from the Netherlands Institute for 
Human Rights, Ombudsman, Bar Association and NJCM;  Netherland Institute for Human Rights, Blind to 
man  and  law'  report  highlights  importance  of  fundamental  rights,  27  February  2024;  The  Netherlands 
Institute for Human Rights also raised follow-up questions to Parliament in a letter dated 25 March 2024. 

264  Decree of 10 February 2023, No 2023000364 establishing a State Commission on the rule of law. 
265  State Commission on the Rule of Law, The broken promise of the rule of law, ten proposals for improvement 
with  an  eye  on  the  citizen,  10  June  2024.  The  Commission  put  forward  the  following  recommendations: 
Show leadership on the rule of law and actively promote it. Strengthen the rule of law culture also with an 
office for the rule of law and an create an independent budget section for the rule of law; reinforce the rule of 
law  compass  within  all  parts  of  Government; give  executive  agencies  the opportunity  to  show  a  red  card; 
improve contact with citizens through understandable communication and adequate information; abolish the 
prohibition  to  review  legislation  against  the  Constitution;  give  long-term  political  priority  to  simplifying 
social welfare schemes; establish a legal basis for data  sharing among government organisations to enable 
proactive  government  action in  the  citizen’s  interest;  invest  significantly  in  strengthening  legal  protection; 
organise administrative decision-making and the appeals procedure in such a way that citizens feel that they 
are heard and seen; ensure a review against legal principles by administrative courts. An official reaction of 
the new Government is awaited.   

266  See footnote 255. 

27 

 
 
in  the  preparatory  and  adoption  phase  and  further  lessons  continue  to  be  drawn  267.  Also, 
despite  efforts  by  the  Government268,  the  process  of  compensating  victims  of  the  childcare 
allowances’ affair is progressing slowly269. Therefore, there has been some further progress 
on the implementation of the recommendation made in the 2023 Rule of Law Report.  

The  Netherlands  Institute  for  Human  Rights  continues  to  face  governance  issues.  At 
present,  due  to  governance  issues  reported  in  the  2023  Rule  of  Law  Report  and  a  related 
investigation270, the Netherlands Institute for Human Rights (NIHR), which is accredited with 
an  A-status271,  is  functioning  with  an  interim-chairperson  and  only  four  out  of  the  nine 
commissioners foreseen. The Ombudsman, as a member of the Advisory Board of the NIHR, 
expressed concerns about the impact on NIHR’s capacity to effectively carry out its tasks272. 
Despite  these  issues,  the  NIHR  was  tasked  with  the  additional  function  of  National 
Prevention  Mechanism273,  effective  from  1  April  2024.  In  its  function  of  Equality  Body, it 
has continued to investigate on possible discrimination in relation to the childcare allowances 
affair274. The NIHR notably ruled in several cases that the actions of the Dutch Tax Authority 
resulted  in  indirect  discrimination  on  the  basis  of  race275.  In  addition,  it  undertook  several 
awareness raising activities and trainings for civil servants to prevent racial discrimination by 
government agencies. Additional funding has been made available to cover for the extension 
of its mandate to National Prevention Mechanism.  

On 1 January 2024, the Netherlands had five leading judgments of the European Court 
of Human Rights pending implementation, an increase of one compared to the previous 

267  The  Dutch  Judiciary  Association  concludes  that  it  is  too  early  to  really  determine  to  what  extent  the 
legislature  and  executive  are  responding  to  the  comments  made  by  the  Venice  Commission;  Information 
received in the context of the country visit to the Netherlands from the Dutch Judiciary Association. 

268  The  Government  acknowledges  that  the  recovery  operation  takes  too  long  for  a  number  of  parents.  It  has 
taken  various  measures  to  accelerate  and  improve  the  recovery  operation  aimed  at  speeding  up  the 
completion of the integral assessments and objections and the earlier and better provision of files; Input from 
the Netherlands for the 2024 Rule of Law Report, p. 21. 

269  According to the Bar Association the Government will still need a lot of time to compensate all victims for 
the  damage  suffered  and  the  promised  new  way  of  working  by  the  Government  has  yet  to  prove  itself  in 
practice;  Information  received  in  the  context  of  the  country  visit  to  the  Netherlands  from  the  Bar 
Association.  According  to  the  National  Ombudsman,  this  is  due  to  its  original  design  not  sufficiently 
responding to the needs of victims, too heavily relying on automated controls by ICT systems and not giving 
the  executive  agencies  more  powers  to  shape  the  recovery  process;  National  Ombudsman,  Offering 
recovery: A profession in its own right, A comparative study of ten recovery pathways, 23 October 2023. 
270  Ministry  of  Justice  and  Security,  Letter  to  Parliament  of  9  July  2024  with  a  summary  of  Committee  of 
enquiry reporting a suspicion of possible wrongdoing at the Human Rights Institute; An official response by 
the Government to the findings of the Committee of enquiry is expected in the autumn of 2024; 2023 Rule of 
Law Report, Country chapter on the situation in the Netherlands, pp. 22, 23. 

271  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. 
272  Information received in the context of the country visit to the Netherlands from the Ombudsman. The Data 

Protection Authority is also sitting in the Board of the NIHR. 

273  National  Preventive  Mechanism  under  the  Optional  Protocol  to  the  UN  Convention  Against  Torture  and 

other Cruel, Inhuman or Degrading Treatment or Punishment. 

274  See 2023 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 22. 
275  Contribution from the NHRI for the 2024 Rule of Law Report, p.1. 

28 

 
 
year276. At that time, the Netherlands’ rate of leading judgments from the past 10 years that 
remained  pending  was  at  33%  (compared  to  29%  in  2023),  the  average  time  that  the 
judgments had been pending implementation is 3 years and 9 months (compared to 3 years 
and 7 months in 2023)277. The oldest leading judgment, pending implementation for 7 years, 
concerns  the  irreducibility  of  a  life  sentence  imposed  on  a  prisoner  suffering  from  mental 
illness278. As regards the respect of payment deadlines, on 31 December 2023 there were no 
cases in total awaiting confirmation of payments (compared to 1 in 2022)279. On 1 July 2024, 
the number of leading judgments pending implementation had increased to eight280. 

The  landscape  for  civil  society  organisations  remains  open,  while  some  reported 
shortcomings regarding restrictions to the right to demonstrate remain. The Netherlands 
continues  to  have  an  open  civil  society  landscape281.  The  NIHR  noted  that  the  concerns  it 
raised  in  previous  years  regarding  the  freedom  of  assembly  and  the  freedom  to  protest  had 
not been addressed and recommended that national authorities facilitate protests as much as 
possible  and  avoid  using  procedural  requirements  to  impose  content-based  restrictions282. 
CSOs reported further instances of alleged disproportionate preventive and repressive actions 
undertaken  by  the  police283  and  noted  that  different  groups  of  protesters  are  not  always 
treated equally284. On 19 April 2024 the Government sent a letter to Parliament outlining its 
policy  on  the  right  to  demonstrate285.  In  addition,  CSOs  expressed  concerns  at  initiatives 

276  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. 

277  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  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 6. 

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

pending implementation since 2016. 

279  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 138.   

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

obstructed, repressed, and closed. 

282  The  NIHR  specifies  that  under  the  Dutch  Public  Assemblies  Act  planned  assemblies  needed  to  be  pre-
notified to the public authorities. Despite this being a procedural requirement allowing authorities to assess 
security  risk  and  make  timely  arrangements  to  facilitate  the  protest,  the  NIHR  submits  that  increasingly, 
there is a risk that the right to freedom of assembly gets subjected to content-based restrictions. The NIHR 
furthermore states that claims that restrictions are “necessary in a democratic society” should be subjected to 
stricter  scrutiny;  Contribution  from  ENNHRI  for  the  2024  Rule  of  Law  Report,  country  chapter  on  the 
Netherlands, pp. 4-5. 

283  Joint  contribution  from  the  Netherlands  Helsinki  Committee,  Free  Press  Unlimited,  Transparency 
International  Nederland  and  NJCM  for  the  2024  Rule  of  Law  Report,  pp.  23,  24. An  example  mentioned 
includes  the  arrest  of  a  large  number  of  climate  activists,  including  parents  and  their  children  on  the A12 
Motorway on 9 and 10 September 2023.  

284  Notably  referring  to  the  treatment  of  climate  activists;  Joint  contribution  from  the  Netherlands  Helsinki 
Committee,  Free  Press  Unlimited,  Transparency  International  Nederland  and  NJCM  for  the  2024  Rule  of 
Law Report, pp. 23, 24. 

285  Letter on the right to demonstrate, Ministers of the Interior and Security and Justice, 19 April 2024.  In this 
letter,  the  Government  announced  its  intention  to  have  independent  research  carried  out  on  the  right  to 
protest. This research will look into the category of ‘disruptive’ protests and the category of protests in which 
other fundamental rights or national security may be at stake. Making such a distinction was criticised by the 

29 

 
 
 
putting perceived pressure on their independent role, such as the draft law on Transparency of 
CSOs286.  They  also  expressed  fear  that  their  access  to  the  court  system  will  be  made  more 
difficult in the future due to the imposition of stricter admissibility requirements287. 

Meijers  Committee  as  potentially  in  violation  of  the  freedom  of  assembly;  Information  received  from  the 
Meijers  Committee  following  the  country  visit  to  the  Netherlands.  On  21  November  2023,  the  European 
Court of Human Rights held that the Netherlands had violated the freedom of assembly in the context of a 
protest  against  the  eviction of  a  squat  in Amsterdam  in  2011;  Judgment  of  the  European  Court  of  Human 
Rights of 21 November 2023, Laurijsen and Others v. the Netherlands (application nos. 56896/17, 56910/17, 
56914/17, 56917/17 and 57307/17). The Government is currently preparing an action plan to be submitted to 
the Council of Europe; Information received in the context of the country visit to the Netherlands from the 
Government. 

286  Joint  contribution  from  the  Netherlands  Helsinki  Committee,  Free  Press  Unlimited,  Transparency 
International  Nederland  and  NJCM  for  the  2024  Rule  of  Law  Report;  Franet  National  contribution  to  the 
Fundamental  Rights  Report  2024,  The  Netherlands,  p.  30  reporting  on  CSO  concerns  related  to  the  legal 
certainty and alleged stigmatising effect of the reporting requirements. The draft law is pending in the House 
of Representatives.  

287  Joint  contribution  from  the  Netherlands  Helsinki  Committee,  Free  Press  Unlimited,  Transparency 
International Nederland and NJCM for the 2024 Rule of Law Report, pp. 4, 23 referring to a motion adopted 
by the House of Representatives on 21 February 2023. On 4 April 2024, the Government responded to the 
motion emphasising the importance of access to justice for interest groups undertaking collective actions. It 
also  mentioned  that  relevant  Mass  Damages  in  Class Actions Act  (WAMCA),  where  the  requirements  for 
interest groups have been tightened, including the representativeness requirement will undergo an evaluation 
in  the  second  half  of  2024.  The  coalition  agreement  also  refers  to  an  investigation  into  the  possibility  to 
impose further representativeness requirements; Convention on access to information, public participation in 
decision-making and access to justice in environmental matters, Aarhus, 25 June 1998, article 9(3).  

30 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Advisory  College  Van  Geel  (2023),  Unity  in  pluralism:  Plea  for  a  resilient  public  broadcaster 
(Eenheid 
omroepbestel), 
voor 
https://www.rijksoverheid.nl/documenten/kamerstukken/2023/09/25/aanbiedingsbrief-rapport-
adviescollege-van-geel-eenheid-in-veelzijdigheid.  

veelzijdigheid:  Pleidooi 

een  weerbaar 

publiek 

in 

Authority for Consumers and Markets (2024), DPG Media wants to acquire RTL Nederland Holding 
and  RTL  Nederland  Media  Services  (DPG  Media  wil  RTL  Nederland  Holding  en  RTL  Nederland 
Media Services overnemen). 

Bar  Association  (2020),  Legislative  opinion:  Expiration  of  Special  Powers  of  Design  of  the  Public 
Prosecution Service Act (Wetgevingsadvies: Wet verval bijzondere aanwijzingsbevoegdheid openbaar 
ministerie), Nederlandse orde van advocaten (advocatenorde.nl). 

Bar Association (2023), Over of the half election programmes do not fully meet minimum rule of law 
standards  (Ruim  helft  verkiezingsprogramma’s  voldoet  niet  volledig  aan  minimumnormen  van  de 
rechtsstaat),  NOvA-commissie:  ruim  helft  verkiezingsprogramma’s  voldoet  niet  volledig  aan 
minimumnormen van de rechtsstaat | Nederlandse orde van advocaten (advocatenorde.nl). 

Centre  for  Media  Pluralism  and  Media  Freedom  (2024),  2024  Media  Pluralism  Monitor  –  country 
report Netherlands (forthcoming). 

Coalition  Agreement  between  PVV,  VVD,  NSC  and  BBB,  Hope,  Courage  and  Pride  –  Main  Line 
Agreement 2024-2028 (Hoop, Lef en Trots - Hoofdlijnenakkoord 2024 – 2028 van PVV, VVD, NSC 
en BBB). 

Council for the Judiciary (2023), Letter by the Council for the Judiciary to the State Commission on 
law  (Brief  Raad  voor  de  rechtspraak  aan  de  Staatscommissie  rechtsstaat), 
the  rule  of 
https://www.staatscommissierechtsstaat.nl/onderwerpen/brieven/documenten/brieven/2023/07/13/brie
f-raad-voor-de-rechtspraak-rvdr-aan-de-staatscommissie-rechtsstaat. 

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 Ministers (2024), Decision List 26 April 2024 (Besluitenlijst van de vergadering gehouden 
op vrijdag 26 april 2024 in de Trêveszaal van het ministerie van Algemene Zaken, aangevangen in 
aansluiting aan de Ministerraad van het Koninkrijk). 

Council  of  State  (2024),  Advice  on  amended  bill  to  amend  the  Penitentiary  Principles  Act, 
https://www.raadvanstate.nl/actueel/nieuws/april/advies-penitentiaire-beginselenwet. 

Council 
https://www.raadvanstate.nl/adviezen/@138505/w04-23-00208. 

State  Opinion 

the 

on 

Former  Ministers 

of 

(Rules)  Act 

(2024), 

Council 
State 
https://www.raadvanstate.nl/jaarverslag2023/. 

(2024), 

of 

Annual 

Report 

2023 

(Jaarverslag 

2023), 

D.B. Sander, J.H. Crijns, J.A. Klapwijk, M. Lochs (2023), The impact of crown witness procedure on 
lawyer  safety  and  practice  (De  impact  van  de  kroongetuigenregeling  op  de  veiligheid  en 
praktijkvoering  van  advocaten),  Leiden  University,  De  impact  van  de  kroongetuigenregeling  op  de 
veiligheid en praktijkvoering van advocaten | Scholarly Publications (universiteitleiden.nl). 

Directorate-General  for  Communication  (2024),  Flash  Eurobarometer  543:  businesses’  attitudes 
towards corruption in the EU. 

31 

 
Directorate-General  for  Communication  (2024),  Special  Eurobarometer  584:  citizens’  attitudes 
towards  corruption  in  the  EU.Dutch  Judiciary  Association  (2021),  Response  by  the  scientific 
committee  of  the  Dutch  Judiciary  Association,  Special  Powers  of  Instruction  of  the  Public 
Prosecution  Service  (Reactie  van  de  Wetenschappelijke  Commissie  van  de  Nederlandse  Vereniging 
voor  Rechtspraak  op  het  initiatiefwetsvoorstel  inzake  de  bijzondere  aanwijzingsbevoegdheid  van  de 
minister van Justitie en Veiligheid in de richting van het Openbaar Ministerie en de inlichtingenplicht 
in 
zaken),  https://www.nvvr.org/wp-content/uploads/731.-Aanwijzingsbevoegdheid-
definitief.pdf. 

individuele 

Dutch Judiciary Assocation (2023), Dozens of judges and officers feel threatened (Tientallen rechters 
en  officieren  voelen  zich  bedreigd),  https://www.nvvr.org/tientallen-rechters-en-officieren-voelen-
zich-bedreigd/. 

Dutch  News  (2022),  Fall-out  from  hospital  bribery  inquiry  ‘putting  heart  patients  at  risk’, 
https://www.dutchnews.nl/2022/08/squabbles-at-isala-heart-hospital-is-putting-patients-at-risk-
volkskrant/. 

Dutch  News  (2024),  All 
https://www.dutchnews.nl/2023/12/all-three-fvd-mps-suspended-for-breaking-transparency-rules/. 

three  FvD  MPs  suspended 

for  breaking 

transparency  rules, 

EPPO 
(2024),  Annual  Report 
03/EPPO_Annual_Report_2023.pdf. 

2023, 

https://www.eppo.europa.eu/sites/default/files/2024-

Erasmus  University  Rotterdam  (2023),  Images  of  violence,  a  mixed  methods  study  of  violence  and 
aggression  against  journalists  (Beelden  van  geweld, Een  mixed-methods  onderzoek  naar  geweld  en 
journalisten),  https://www.rijksoverheid.nl/documenten/rapporten/2023/03/27/tk-
agressie 
bijlage-wodc-onderzoek-naar-geweld-en-agressie-tegen-journalisten.  

tegen 

Free Press Unlimited (2024), An underestimated problem: disproportionate legal pressure on Dutch 
journalism.  A  study  on  the  extent  and  impact  of  legal  pressure  on  Dutch  journalism  by  Free  Press 
Unlimited  (Een  onderschat  probleem:  disproportionele  juridische  druk  op  de  Nederlandse 
journalistiek.  Een  onderzoek  naar  de  omvang  en  impact  van  juridische  druk  op  de  Nederlandse 
journalistiek  door  Free  Press  Unlimited),  https://www.freepressunlimited.org/nl/actueel/onderzoek-
fpu-toenemende-juridische-druk-op-nederlandse-media-wordt-onderschat.  

Government of the Netherlands (2020), Bill on the transparency of civil society organisations (Wet 
transparantie maatschappelijke organisaties), 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A35646. 

Government  of the  Netherlands  (2022),  Bill  enabling the  ban  of  parties that  undermine  democracy, 
(Wetsvoorstel  maakt 
ondermijnen), 
op 
https://www.rijksoverheid.nl/actueel/nieuws/2022/12/22/wetsvoorstel-maakt-verbod-mogelijk-op-
partijen-die-democratie-ondermijnen. 

verbod  mogelijk 

democratie 

partijen 

die 

Government  of  the  Netherlands  (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), Wijziging van de Wet op de 
rechterlijke organisatie, de Wet rechtspositie rechterlijke ambtenaren, de Wet op de Raad van State en 
enige andere wetten in verband met enkele wijzigingen in het belang van integere, onafhankelijke en 
onpartijdige  rechtspraak,  alsmede  de  regeling  van  enige  andere  onderwerpen  |  Tweede  Kamer  der 
Staten-Generaal. 

Government of the Netherlands (2022),  Dutch Recovery and Resilience Plan, Definitief Nederlands 
Herstel- en Veerkrachtplan | Rapport | Rijksoverheid.nl. 

Government of the Netherlands (2023), Bill amending the Penitentiary Principles Act in connection 
with  additional  measures  against  organised  crime  during  detention  (Wijziging  van  de  Penitentiaire 
beginselenwet  in  verband  met  aanvullende  maatregelen  tegen  georganiseerde  criminaliteit  tijdens 

32 

 
detentie),  Wijziging  van  de  Penitentiaire  beginselenwet  in  verband  met  aanvullende  maatregelen 
tegen georganiseerde criminaliteit tijdens detentie | Tweede Kamer der Staten-Generaal. 

Government of the Netherlands (2023), Letter by the Minister for Judicial Protection, Progress on the 
legal 
rechtsbijstand), 
(Voortgang 
https://www.parlementairemonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvij5epmj1ey0/vm96svqgvazz/f
=/kst31753286.pdf.  

stelselvernieuwing 

system 

reform 

aid 

Government of the Netherlands (2024), Law on Political Parties sent for advice to Council of State, 
https://www.rijksoverheid.nl/actueel/nieuws/2024/04/09/wet-op-de-politieke-partijen-voor-advies-
naar-de-raad-van-state. 

Government of the Netherlands (2024), Modernisation of legislation on official offences for MPs and 
ministers initiated (Modernisering wetgeving ambtsdelicten Kamerleden en bewindspersonen in gang 
https://www.rijksoverheid.nl/actueel/nieuws/2024/04/12/modernisering-wetgeving-
gezet), 
ambtsdelicten-kamerleden-en-bewindspersonen-in-gang-gezet. 

Government of the Netherlands (2024), Response to the motion by member Diederik van Dijk et al. 
on exploring further representativeness requirements for interest organisations with an ideal purpose 
and thereby implementing the Stoffer et al (Reactie op de motie van het lid Diederik van Dijk c.s. over 
nadere  representativiteitsvereisten  verkennen  voor  belangenorganisaties  met  een  ideëel  doel  en 
uitvoeren), 
hiermee 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2024Z05791&did=2024D133
90. 

motie-Stoffer 

c.s. 

de 

GRECO  (2018),  Fifth  Evaluation  Round,  Compliance  Report  on  The  Netherlands  on  Preventing 
corruption  and  promoting  integrity  on  central  governments  (top  executive  functions)  and  law 
enforcement agencies, https://rm.coe.int/fifth-evaluation-round-preventing-corruption-and-promoting-
integrity-i/1680931c9d. 

GRECO  (2023),  Fifth  Evaluation  Round,  Second  Compliance  Report  on  The  Netherlands  on 
Preventing corruption and promoting integrity on central governments (top executive functions) and 
law 
enforcement  agencies,  https://rm.coe.int/fifth-evaluation-round-preventing-corruption-and-
promoting-integrity-i/1680acf3dc. 

T. van Hal and L. Klein Kranenburg (2021), Aggression and threats towards journalists (Agressie en 
bedreiging 
https://next.prdn.nl/prodynamic-persveilig-
prod/public/bestanden/Agressie-enbedreiging-richting-Journalisten2021.pdf. 

journalisten), 

richting 

House of Representatives (2022), Bill by member Sneller, Expiration of Special Powers of Design of 
the  Public  Prosecution  Service  Act  (Wet  verval  bijzondere  aanwijzingsbevoegdheid  openbaar 
ministerie),  House 
2, 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A36125#wetgevingsproces. 

Representatives, 

2021-2022 

session, 

125, 

no 

36 

of 

House of Representatives (2023), Amended motion by member Stoffer c.s. on exploring the extent to 
which  further  representativeness  requirements  should  be  imposed  on  interest  organisations  with  an 
ideal purpose under section 3:305a of the Civil Code (Gewijzigde motie van het lid Stoffer c.s. over 
verkennen  in  hoeverre  voor  belangenorganisaties  met  een  ideëel  doel  op  grond  van  artikel  3:305a 
BW  nadere  vereisten  aan  representativiteit  gesteld  moeten  worden),  Wijziging  van  de  Klimaatwet 
(implementatie Europese klimaatwet) | Tweede Kamer der Staten-Generaal. 

House of Representatives (2024), Motion by member Sneller on legislating to minimise the minister's 
role  in  the  appointment  procedure  for  members  of  the  Council  for  the  Judiciary  (Motie  van  het  lid 
Sneller over wettelijk regelen dat de rol van de minister bij de benoemingsprocedure voor leden van 
de 
wordt), 
rechtspraak 
https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2024Z03627&did=2024D08501. 

mogelijk 

Raad 

klein 

voor 

de 

zo 

33 

 
House  of  Representatives  (2024),  Motion  by  members  Vroonhoven  and  Omtzigt  to  Bill  36243- 
Amendment  of  various  laws  in  the  interest  of  honest,  independent  and  impartial  judiciary, 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A36243.  

Independent Integrity Advisor (2024), Note from the Independent Integrity Advisor regarding recent 
registeration  advice  (Notitie  van  de  Onafhankelijk  adviseur  integriteit  inzake  recente  advieslijn 
registraties), https://bijlagen.nos.nl/artikel-19933677/Notitie.pdf.  

Isala  hospital  (2023),  Patientstories  Cardiology  NRC  (Patiëntverhalen  Cardiologie  in  NRC), 
https://www.isala.nl/nieuws/patientverhalen-cardiologie-in-nrc.  

Judgment  of  the  Supreme  Court  of  12  March  2024,  in  case  23/03504,  ECLI:NL:HR:2024:375, 
https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2024:375.  

J.  Winter  (2024),  Report  exploring  the  workload  of  the  judiciary  and  public  prosecution  service, 
working towards real solutions (Verkenning werkdruk rechtsspraak en openbaar ministerie, werken 
aan echte oplossingen). 

Media Freedom Rapid Response, Monitor, https://www.mfrr.eu/monitor. 

Ministry of Education, Culture and Science (2021), Two new aspiring [public service media] receive 
provisional 
erkenning), 
https://www.rijksoverheid.nl/actueel/nieuws/2021/07/08/twee-nieuwe-aspiranten-krijgen-voorlopige-
erkenning.  

recognition 

voorlopige 

aspiranten 

nieuwe 

krijgen 

(Twee 

Minister for Interior Affairs (2023), Letter to the Parliament of 8 September 2023 regarding the 2023 
European  Commission  Rule  of  Law  Report,  https://open.overheid.nl/documenten/a9cd10ae-6087-
4486-9b99-1f69e52d8f74/file. 

Minister for Interior Affairs (2023), Letter to the Parliament of 7 December 2023 regarding the Open 
Government Act, https://www.rijksoverheid.nl/documenten/kamerstukken/2023/12/07/kamerbrief-bij-
woo-invoeringstoets-en-eindrapportage-woo-pilots.  

Ministry  of  Interior  and  Kingdom  Relations  (2023),  Integrity  policy  in  public  office  (Kamerbrief  – 
Integriteitsbeleid 
bestuur), 
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 
https://open.overheid.nl/documenten/ronl-
belangenvertegenwoordiging”), 
legitieme 
a0e2529f05c3cdaad252ca2adf8fc7efc2c31321/pdf. 

Ministry of Interior and Kingdom Relations (2024), Explanatory Memorandum on the Law regulating 
follow-up functions of Ministers (Memorie van toelichting invoering van regels met betrekking tot het 
loopbaanvervolg  van  bewindspersonen,  alsmede  een  tweetal  wijzigingen  van  de  Wet  adviescollege 
rechtspositie politieke ambtsdragers). 

Minister of the Interior and Kingdom Relations, Minister of Justice and Security (2024), Letter on the 
demonstratierecht), 
right 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2024Z07035&did=2024D161
56. 

(Verzamelbrief 

demonstrate 

to 

Ministry of Justice and Security (2023), Answers parliamentary questions on blocked reappointment 
of whistleblowers at the Institute for Human Rights (Antwoorden Kamervragen over de geblokkeerde 
herbenoeming  van  klokkenluiders  bij  het  College  voor  de  Rechten  van  de  Mens), 
https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2023/07/07/antwoorde
n-kamervragen-over-de-geblokkeerde-herbenoeming-van-klokkenluiders-bij-het-college-voor-de-

34 

 
rechten-van-de-mens/antwoorden-kamervragen-over-de-geblokkeerde-herbenoeming-van-
klokkenluiders-bij-het-college-voor-de-rechten-van-de-mens.pdf. 

Ministry  of  Justice  and  Security  (2023),  Letter  to  Parliament  regarding  a  report  of  suspected 
wrongdoing at the Netherlands Human Rights Institute (Kamerbrief over melding van een vermoeden 
de  Mens), 
van 
https://open.overheid.nl/documenten/ronl-9b4006dd0ea11882ea4757490193280c33dd974f/pdf. 

een  misstand 

Rechten 

College 

voor 

van 

het 

bij 

de 

Ministry for Justice and Security (2024), Response to amendments to the Bill to amend the 
Penitentiary Institutions Act in connection with additional measures against organised crime during 
detention (Reactie op de amendementen bij het Voorstel van wet tot wijziging van de Penitentiaire 
beginselenwet in verband met aanvullende maatregelen tegen georganiseerde criminaliteit tijdens 
detentie), 24 May 2024, 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2024Z08975&did=2024D210
89.  

Ministry of Justice and Security, Letter to Parliament of 9 July 2024 with a summary of Committee of 
enquiry reporting a suspicion of possible wrongdoing at the Human Rights Institute (Samenvatting 
Rapport Commissie van onderzoek melding vermoeden van een misstand bij het College voor de 
Rechten van de Mens), 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2024Z11914&did=2024D285
85.  

National  Cooperation  against  Subversive  Organised  Crime  (2022),  Science  involved  in  NSOC, 
https://www.tegenondermijnendecriminaliteit.nl/actueel/nieuws/2022/12/07/wetenschappers-
betrokken-bij-nsoc.  

National Ombudsman (2023), Offering recovery: A profession in its own right, A comparative study 
of  ten  recovery  pathways  (Herstel  bieden:  een  vak  apart,  Een  vergelijkend  onderzoek  naar  tien 
hersteltrajecten), NOM Hersteltrajecten (nationaleombudsman.nl). 

Netherlands Court of Audit (2024),  VWS acted quickly and aimed at public objectives when buying 
COVID vaccines (VWS handelde snel en had oog voor publieke doelen bij aanschaf coronavaccins), 
https://www.rekenkamer.nl/actueel/nieuws/2024/04/10/vws-handelde-snel-en-had-oog-voor-publieke-
doelen-bij-aanschaf-coronavaccins.  

Netherland Institute for Human Rights (2024), Blind to man and law' report highlights importance of 
fundamental  rights  (Rapport  'Blind  voor  mens  en  recht'  benadrukt  belang  van  grondrechten), 
https://www.mensenrechten.nl/actueel/nieuws/2024/02/27/rapport-blind-voor-mens-en-recht-
onderstreept-belang-van-fundamentele-rechten. 

Netherlands Institute for Human Rights (2024), Letter: Suggestions for factual questions on 'Blind to 
people and law' report (Suggesties voor feitelijke vragen over het rapport ‘Blind voor mens en recht), 
Brief: Suggesties voor feitelijke vragen over het rapport ‘Blind voor mens en recht’ | College voor de 
Rechten van de Mens (mensenrechten.nl). 

NL  TIMES  (2022),  Suspend  far-right  FvD  leader  Baudet  as  MP  for  refusal  to  declare  income: 
Integrity board, https://nltimes.nl/2022/10/13/suspend-far-right-fvd-leader-baudet-mp-refusal-declare-
income-integrity-board.  

NOS  News  (2023),  Integrity  Committee  of  the  House  of  Representatives  wants  suspension  of  three 
Members  of  Parliament  from  ‘Forum  for  Democracy’  (Integriteitscommissie  Kamer  wil  schorsing 
drie  Kamerleden  Forum  voor  Democratie),  https://nos.nl/artikel/2496995-integriteitscommissie-
kamer-wil-schorsing-drie-kamerleden-forum-voor-democratie.  

NOS  News  (2024),  Former  ministers  Sorgdrager  and  De  Hoop  Scheffer  confidants  for  cabinet 
members 
vertrouwensfunctionarissen 
https://nos.nl/artikel/2512881-oud-ministers-sorgdrager-en-de-hoop-scheffer-
kabinetsleden), 
vertrouwensfunctionarissen-kabinetsleden.  

(Oud-ministers  Sorgdrager 

en  De  Hoop  Scheffer 

35 

 
NOS  News  (2024),  Secondary register  chamber still incomplete  and  unclear (Nevenregister  Kamer 
nog  steeds  onvolledig  en  onduidelijk),  https://nos.nl/nieuwsuur/collectie/13969/artikel/2514289-
nevenregister-kamer-nog-steeds-onvolledig-en-onduidelijk.  

NOS News (2024),  Significantly more reports to the House of Whistleblowers last year (Vorig jaar 
fors  meer  meldingen  bij  Huis  voor  Klokkenluiders),  https://nos.nl/artikel/2513230-vorig-jaar-fors-
meer-meldingen-bij-huis-voor-klokkenluiders.  

NPO  Ombudsman  (2022),  Decision  investigation  Ongehoord  Nederland  (Uitspraak  onderzoek 
https://www.omroepombudsman.nl/uitspraken-en-columns/uitspraak-
Ongehoord 
onderzoek-tweede-reeks-van-ongehoord-nederland.  

Nederland), 

NPO  Radio  I  (2024),  Importance  of  anti-corruption  in  new  cabinet:  ‘Integrity  and  transparency 
essential for trust’ (Belang van anticorruptie in nieuw kabinet: ‘Integriteit en transparantie essentieel 
voor  vertrouwen’),  Interview  with  Lousewies  van  der  Laan,  Director  of  Transparency  International 
Netherlands  from  20  May  2024,  https://www.nporadio1.nl/nieuws/politiek/899a5c30-7865-4148-
a290-9605636a57fa/belang-van-anticorruptie-in-nieuw-kabinet-integriteit-en-transparantie-essentieel-
voor-vertrouwen. 

OECD (2024), Public Integrity Indicator for Quality of the Strategic Framework, https://oecd-public-
integrity-indicators.org/countries/NLD. 

Open  State  Foundation  (2023),  MPs  fierce  about  minister’s  integrity  policy  (Kamerleden  fel  over 
integriteitsbeleid van minister), https://openstate.eu/nl/2023/05/kamerleden-fel-over-integriteitsbeleid-
van-minister/. 

Open 
https://openstate.eu/nl/2024/05/anti-draaideurwet-naar-parlement/. 

Anti-revolving 

Foundation 

(2024), 

State 

door 

bill 

to 

parliament, 

Public  Prosecution  Service  (2024),  Annual  report  2023  (Jaarbericht  Openbaar  Ministerie  2023), 
https://www.om.nl/documenten/jaarverslagen/om/map/2019-en-verder/om-jaarbericht-2023.  

RAND Europe (2024),  Drug-related Corruption in Schiphol Airport and the Port of Rotterdam: an 
analysis of corruption threats, impact and policy instruments based on the methodology for National 
Risk Assessment (Drugsgerelateerde corruptie op Schiphol en in de Rotterdamse haven: Een analyse 
van corruptiedreigingen, impact en beleidsinstrumenten op basis van de methodologie voror National 
https://www.rand.org/randeurope/research/projects/2023/schiphol-airport-
Risk 
corruption.html. 

Assessment), 

Reporters without Borders (2024), World Press Freedom Index 2024 – country fact-file Netherlands, 
https://rsf.org/en/country/netherlands. 

legislation  as 

Scientific  Research  and  Data  Centre  (Wetenscappelijk  Onderzoek-  en  Datacentrum)  (2023),  Italian 
anti-mafia 
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. 

for  Dutch  approach 

inspiration 

Scientific  Research  and  Data  Centre  (Wetenscappelijk  Onderzoek-  en  Datacentrum)  (2024),  Drug-
related Corruption at Schiphol Airport and the Port of Rotterdam - an analysis of corruption threats, 
impact  and  policy  instruments  based  on 
the  methodology  for  National  Risk  Assessment 
(Drugsgerelateerde  corruptie  op  Schiphol  en  in  de  Rotterdamse  haven  -  Een  analyse  van 
corruptiedreigingen, impact en beleidsinstrumenten op basis van de methodologie voor National Risk 
Assessment), https://repository.wodc.nl/handle/20.500.12832/3349. 

the  RAND  Europe  and  WODC 

Scientific Research and Data Centre (Wetenscappelijk Onderzoek- en Datacentrum) (2024), Summary 
of 
threats  on  main  ports, 
https://repository.wodc.nl/bitstream/handle/20.500.12832/3349/3219-drugsgerelateerde-corruptie-
schiphol-en-rotterdamse-haven-summary.pdf?sequence=3&isAllowed=y. 

report  on  corruption 

36 

 
Supreme Court (2024), Annual Report 2023 (Jaarverslag 2023), https://www.hogeraad.nl/jaarverslag. 

State Attorney (2024), Pels Rijcken, Advice on automated selection technique to the Finance Ministry 
(Advies over geautomatiseerde selectietechniek aan het Ministerie van Financiën). 

State  Commission  on  the  rule  of  law  (2023),  Letter  to  the  informer:  Interim  conclusion  State 
Commission  on  the  Rule  of  Law,  Brief  aan  de  informateur:  Tussenconclusie  Staatscommissie 
rechtsstaat | Brief | Staatscommissie rechtsstaat. 

State  Commission  on  the  Rule  of  Law,  The  broken  promise  of  the  rule  of  law,  Ten  proposals  for 
the  citizen(De  gebroken  belofte  van  de  rechtsstaat,  Tien 
improvement  with  an  eye  on 
verbetervoorstellen 
2024, 
https://www.staatscommissierechtsstaat.nl/onderwerpen/rapport/documenten/rapporten/2024/06/01a/i
ndex.  

burger), 

June 

voor 

oog 

met 

10 

de 

State  Secretary  for  Education,  Culture  and  Science  (2023),  Decision  of  19  December  2023,  Final 
decision regarding the request of NPO to withdraw provisional recognition of Ongehoord Nederland 
(Definitief  besluit  verzoek  NPO  tot  intrekking  voorlopige  erkenning  Ongehoord  Nederland), 
https://www.rijksoverheid.nl/documenten/besluiten/2023/12/19/definitief-besluit-verzoek-npo-tot-
intrekking-voorlopige-erkenning-ongehoord-nederland.  

State Secretary for Education, Culture and Science (2023), Letter to Parliament of 19 December 2023 
2023, 
accompanying 
https://www.rijksoverheid.nl/documenten/kamerstukken/2023/12/19/kamerbrief-definitief-besluit-op-
verzoek-npo-tot-intrekking-voorlopige-erkenning-ongehoord-nederland.  

December 

Decision 

the 

19 

of 

State Secretary for Education, Culture and Science (2024), Letter to Parliament of 5 April 2024 on the 
policy, 
future 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2024Z05913&did=2024D136
91.  

media 

of 

Transparency International (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.. 

International 

Transparency 
(Transparantie 
https://www.transparency.nl/nieuws/2023/12/open-state-foundation-transparantie-agendas-
bewindspersonen-verslechtert/. 

(2023),  Transparency  of  minister’s  agendas  has  deterioated 
verslechterd), 
agenda’s 

bewindspersonen 

Transparency 
https://www.transparency.org/en/cpi/2023. 

International 

(2024), 

Corruption 

Perceptions 

Index 

2023, 

Transparency International (2024), Letter to GRECO about lack of transparency of interests of Dutch 
MPs, 
https://www.transparency.nl/wp-content/uploads/2024/03/Letter-to-the-President-of-GRECO-
by-Transparency-International-Netherlands-zonder.pdf. 

Transparency  International  (2024),  Transparency  complaint  to  GRECO  about  transparency  in  the 
House  of  Representatives  (Klacht  Transparency  bij  GRECO  over  transparantie  Tweede  Kamer), 
https://www.transparency.nl/nieuws/2024/03/klacht-transparency-bij-greco-over-transparantie-
tweede-kamer/. 

Venice  Commission  (2023),  The  Netherlands-  Opinion  of  the  Venice  Commission  on  the  legal 
safeguards 
power, 
the 
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2023)029-e.  

independence 

executive 

judiciary 

from 

the 

the 

of 

of 

37 

 
 
Annex II: Country visit to the Netherlands 

The Commission services held virtual meetings in March 2024 with: 

•  Commissariaat voor de Media 
•  Dutch Foundation for Public Broadcasting 
•  Huis voor Klokkenluiders 
•  Fiscale Inlichtingen en Opsporingsdienst 
•  Commissie Meijers 
•  Free Press Unlimited 
•  Nederlands Juristencomité voor de Mensenrechten 
•  Nederlandse Orde van Advocaten 
•  Nederlandse Vereniging voor de Rechtsspraak 
•  Netherlands Helsinki Committee 
•  National Ombudsman 
•  National Police  
•  National Internal Investigations Department 
•  Prosecution service 
•  Raad voor de rechtsspraak 
•  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:  

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 

International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

38