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Dutch Asylum Minister's Curfew Idea Stalled by Lack of Legal Basis
🇳🇱 Netherlands /Elections & Politics

Dutch Asylum Minister's Curfew Idea Stalled by Lack of Legal Basis

From NRC Handelsblad · () Dutch

Translated from Dutch, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • Dutch asylum minister Marjolein Faber proposed an overnight curfew for asylum seekers causing disturbances at the Ter Apel reception center.
  • Ministry officials determined there was no legal basis for such a curfew, as it infringes on fundamental freedoms.
  • The article explores the tension between ministerial policy ideas and the legal and practical constraints faced by civil servants in implementing them.

A proposal by former Dutch asylum minister Marjolein Faber to implement an overnight curfew for asylum seekers causing disturbances at the Ter Apel reception center has highlighted the complex relationship between political will and bureaucratic reality. Faber, from the PVV party, suggested in early 2025 that residents of the center should be confined to the grounds from 8 p.m. to 8 a.m.

A curfew affects fundamental freedoms, and there is no legal basis for such a measure.

— Ministry of Justice and Security officialExplaining the lack of legal grounds for the proposed asylum seeker curfew.

However, officials within the Ministry of Justice and Security found no legal grounds to support such a measure. "A curfew affects fundamental freedoms, and there is no legal basis for such a measure," explained one official, who, like others interviewed, spoke anonymously. The Central Agency for the Reception of Asylum Seekers (COA) also noted that while addressing nuisance is important, restricting an entire group's movement overnight is not justified.

While a mandatory curfew was deemed legally unfeasible, officials noted that residents can be asked to remain within the grounds under specific safety circumstances, such as following unrest at a location. The minister, however, reportedly persisted in exploring the use of emergency powers to enable the curfew, despite advice from her own staff.

How annoying the nuisance may be, that is no reason to tell an entire group: you are not allowed to go outside tonight.

— COA employeeCommenting on the justification for restricting the movement of asylum seekers.

The situation underscores a recurring dynamic where ministers present policy ideas that civil servants must then assess for legal and practical feasibility. The article references a legal journal's discussion on when civil servants should refuse to cooperate with evidently unlawful policies. In Faber's case, another idea involved placing signs at reception locations stating that the Netherlands was working on asylum seeker returns, a measure intended to discourage new arrivals, though its effectiveness and legality were also subject to scrutiny.

We are not going to immediately look for reasons to shoot something down.

— Ministry of Justice and Security officialDescribing the process of evaluating policy proposals, starting with legal and practical considerations.
DistantNews Editorial

Originally published by NRC Handelsblad in Dutch. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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