Will Dutch cabinet disregard the advice of the Council of State?
image: Michael Fousert via Unsplash
Proposals of the Dutch asylum minister are causing commotion. The Council of State has given the proposals thumbs down. Wim Voermans, Professor of Constitutional Law, said in Dutch news programme ‘Nieuwsuur’ that the plans approach the limit of what is permitted by law.
The plans concern the Asylum Emergency Measures Act and the Introduction of Dual Status Act that are intended to implement the strictest asylum policy ever in the Netherlands. The cabinet's chief advisor, the Council of State, gives the plans an inadequate rating, issuing opinion C. This verdict is supported by coalition partner NSC. According to the advisory body, the bills would put additional pressure on the asylum chain which would then cause problems with implementation. In addition to this issue, it is not clear that the influx of asylum seekers will actually decrease and alignment with European law is lacking.
Professor Voermans agrees with this opinion and believes that the asylum chain will grind to a halt and ‘the right to a fair asylum procedure will come under pressure as a result of the plans.’ The professor explained that every bill submitted, according to the constitution, is first reviewed by the advisory body, where three conditions must be met. In this case, this led to a negative assessment. In addition, Voermans believes that the preparations were not done carefully enough and, after a barrage of criticism, the minister really needs to change something. One clear issue is that the Central Agency for the Reception of Asylum Seekers (COA), the central player with knowledge of the implementation problems, was not consulted. Asuylum minister Faber is only willing to adjust ‘dots and commas’, and PVV leader Geert Wilders seems determined not to concede a millimetre, even threatening to topple the cabinet. So, according to Professor Voermans, politicians in The Hague are currently ‘in dire straits’.
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Watch the Nieuwsuur broadcast (in Dutch)