Formation discussions about the rule of law are raising concerns among prominent lawyers in politics. “It is terrible that we even have to talk about something like the rule of law,” says former Senate President and lawyer Anke Brockers-Knoll (VVD).

When the Party for Freedom, the Party for Freedom and Democracy, the National Security Council and the BBB decided before Christmas to discuss the formation of a new government, they first agreed to investigate whether it was possible to establish a “common baseline” for protecting the constitution and the democratic constitutional state. Last week, party leaders held individual discussions on the issue. The section on the rule of law may be ready very soon.

Broekers-Knoll believes it is important to pay attention to fundamental rights, but calls it “stupid” for doubts to arise during the formation of a “crucial fact” such as the rule of law. This requires constant maintenance, says Acting Mayor Bloemendaal. “If things are not going well, you have to look at it. But I think society should better understand how important the rule of law and an independent judiciary are.”

Minimum sentences

Broekers-Knoll warns that the judiciary must remain independent. The PVV, VVD and BBB have plans in their election manifestos to introduce minimum sentences for (serious) violent crimes. “One of the great things about our legal system is that a judge can determine that someone is guilty, but that person doesn’t have to go to prison because of different circumstances. Minimum sentences undermine the judge’s independent evaluation.”

Despite her vigilance about the rule of law, the prominent VVD believes it is a good idea for her party to sit with the Party for Freedom. The voter has spoken and for whatever reason, he voted for the FP. Then as a VVD you have to consider how to get involved. “You can’t say: ‘We won’t do it because we don’t like the outcome of the election.'”

Community service ban

BBB Senator and former judge Robert Kroll has similar concerns as Broekers-Knol. The ban on community service is mentioned when the convict commits a crime for the second time. “As a former judge, I say: Let judges offer tailored solutions.”

Kroll says that as a New Party senator, he understands that there is such a thing as faction discipline, but he believes it is important that representatives can vote without pressure. “Suppose Geert Wilders becomes prime minister. Then I hope, he says, that he will become the Prime Minister of all the Dutch people. I have been a judge for forty years. “There’s no way I’m going to throw everything I’ve worked on into the trash.” Article I of the Constitution, the principle of equality, is Kroll’s lead in evaluating government policy.

The same applies to former PvdA senator Joyce Sylvester, head of the State Committee against Discrimination and Racism. In this role, I have already noticed that discrimination in the Netherlands is widespread. She points to some bills that are discriminatory, such as the Freedom Party’s bill to remove collective insults from Article 1. “According to the Council of State, this contravenes international treaties. The parties formed now must ask themselves whether this is what they want.”

Former Justice Minister Ferd Grapperhaus (CDA) is quite concerned about the formation, and warned in an interview of a “sliding scale.” According to Grapperhaus, Wilders does not recognize the separation of powers.

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Grapperhaus responded: “You should oppose a far-right party like the Freedom Party that undermines the rule of law.”

Former Justice and Security Minister Fred Grapperhaus warns against the PVV and the sliding scale. He explicitly describes Geert Wilders’ party as a far-right party I will never deal with her again.