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Dealing with convicted Dutch nationals abroad

The European Union has claimed, following its own investigation, that the Dutch government is falling short in how it deals with Dutch nationals convicted abroad, but who want to serve their sentences in the Netherlands. Jannemieke Ouwerkerk, Professor of European Criminal Law, has responded in Dutch newspaper 'de Volkskrant' to the evaluation report that the newspaper had requested.

Contrary to procedures in other countries, in the Netherlands it is the Minister of Justice and Security who decides whether someone can serve their sentence here. But the EU wants the courts to be able to decide from now on whether a Dutch national can serve their sentence here. According to Ouwerkerk, the evaluation report makes it clear that there are many shortcomings in the way the Netherlands has structured this procedure. She finds it remarkable that the Arnhem-Leeuwarden court of appeal acknowledges in the EU report that it cannot put ‘preliminary questions’ to the European Court of Justice to ascertain whether it is right in its recommendation to the minister.

Read the full report (in Dutch) in de Volkskrant

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