Netherlands proposes changes to protest laws amid calls for stronger mayoral powers

Dutch ministers are proposing adjustments to the right to demonstrate, seeking to grant mayors greater authority to intervene when protests threaten to spiral out of control. This move comes as the cabinet aims to address concerns raised by a parliamentary majority, particularly right-wing parties, about the current regulations.

Justice Minister David van Weel and Interior Minister Pieter Heerma outlined the proposed changes in a letter to the House of Representatives. The impetus for these adjustments includes disruptive actions like Extinction Rebellion's blockades of the A12 highway and violent protests in Loosdrecht. The ministers argue that stricter measures are needed to manage demonstrations that become unmanageable.

However, the proposals have sparked debate, with critics questioning the necessity of new legislation. Rian de Jong, a senior lecturer in constitutional law at Radboud University, argues against a constant focus on repression. "We must not constantly be on the repressive tour when it comes to freedom of demonstration and personal freedom," she stated.

Legal experts like De Jong and Joost Sillen, a professor of constitutional law at Maastricht University, believe mayors already possess sufficient powers to intervene. They point to past incidents, such as an Extinction Rebellion protest in Amsterdam in 2020, where Mayor Femke Halsema's actions were deemed unlawful by the Council of State because she invoked the wrong emergency powers. While acknowledging that clarifying emergency powers under the Public Manifestations Act (Wom) could offer more oversight, they caution against measures that make it easier to forcibly relocate protesters.

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We must not constantly be on the repressive tour when it comes to freedom of demonstration and personal freedom.