Majority of Dutch election programmes violate rule of law, report says

Nearly three-quarters of Dutch political parties running in the upcoming October elections include at least one proposal in their programmes that violates the rule of law, claims a fitness check by the national association of lawyers published Monday.

The Dutch Bar Association, NovA, examined the political programmes of the 15 parties currently represented in parliament and scored the programmes from green – those ideas that strengthen the rule of law — to yellow and red — those that are against the constitution.

The far-right Forum for Democracy (FvD) contains the most concerning proposals: 33, followed by Geert Wilders’ Freedom Party (PVV) with 30.

They are followed by another right-wing party, JA21 (14), and the conservative Christian party SGP (13), as well as the farmers’ interest party BBB (13).

This includes their plans to put a stop to migration and asylum requests.

“The proposals for a total freeze on asylum seekers or to set a maximum number of asylum seekers (proposed by BBB, FvD, JA21 and PVV) are contrary to … European and international human rights treaties, the Refugee Convention and EU law,” the report said.

The report also lists plans, including a ban on Islamic education (PVV) or the setting up of new Islamic religious schools (BBB), against the freedom of education.

Other parties — BBB, JA21, PVV, SGP, as well as conservative Christian Union and NSC — propose a ban on face coverings during demonstrations, “which may, in some cases conflict with freedom of expression and assembly.”

The centre-left D66’s plan to ensure that citizens can file police complaints anonymous is considered “against the principle of allowing the suspect an fair process.”

Scaling back on privacy rules to facilitate data exchange, as proposed by Christian Democrats (CDA), CD, VVD and BBB, is considered a risk too, as is shortening appeal times in judicial procedures, which is in the programme of CDA, CU, the centre-left Denk, NSC and VVD.

In response to the report, VVD leader Dilan Yesilgöz said on X her party “wants to crack down on criminals, restrict asylum, and revoke the Dutch citizenship of terrorists. (…) The desire to change the law doesn’t mean you’re going against the rule of law.”

Wim Voermans, professor of constitutional and administrative law at Leiden University, said: “I understand the ‘red’ comments, but I have some reservations about the other categories. The investigation should be about a true conflict with the rule of law only, and this report might be too broad.”

Broader trend persists?

The Dutch are going to the polls on 29 October as the four-party government collapsed in June following a conflict over migration plans between theruling coalition partners.

According to the latest opinion polls by pollster Peil, Wilders’ far-right PVV is set to become the biggest party with 30 seats projected, of the 150-seat parliament. Second is GroenLinks-PvdA with 27 seats, followed by the centre-right Christian Democrats (CDA) with 23 seats.

The centre-right VVD, liberal D66 and Ja21 follow with 12 to 13 seats. The projected result mimics the last election of 2023, where the PVV became the biggest party, followed by the centre-left bloc.

The report said it sees a “worrying trend” since 2012, when it started examining the programmes.

In 2017, just five programmes were not in line with the rule of law. In 2021 it was seven, followed by 10 in 2023, according to the report.

“This illustrates that these are not isolated incidents, but rather a broader trend, which seems to coincide with an increasingly hardened and polarised political debate,” it said.

“Furthermore, the committee identifies proposals in almost all programmes that pose a risk to the rule of law. Nevertheless, a hopeful aspect is that all but two parties also make proposals that could strengthen the rule of law,” the report added.

The three parties that do not have any plans contrary to the rule of law are GroenLinks-PvdA, the pro-European party Volt and the animal rights party Partij voor de Dieren.

Euronews has reached out to FvD and PVV for comment.