Citizens, businesses and environmental organizations are increasingly going to court to protest inadequate nitrogen or climate policies or unwelcome construction plans. This is not without consequences. Judges often agree with complainants, which regularly leads to interruptions and delays in infrastructure and housing construction.

The judge is on the political chair

This has led to criticism from, among others, VVD, PVV and BBB. There is also a perception in parts of society that the government is paralyzed by judicial decisions in the area of ​​environmental law.

The climate issue in Urgenda is the most important example. There is also a court ruling on the nitrogen crisis more than 5 years ago. The debate between the government, residents and aviation over the number of flights at Schiphol Airport is also being fought out in court.

Have all the rules related to space design become an obstacle for the government? Above all, it should ensure that citizens can live comfortably and that companies can make money. Is there really a case for “living environment legalization”? Does this cause problems? And if so, which one?

Research Advisory Board

The Environment and Infrastructure (RLI) Council has conducted research to answer the above questions. The Authority provides advice to the government in the field of spatial planning. The advice in this report is fairly clear: ensure better laws, and also look carefully at how they relate to European law.

This is primarily a call to politics: the legislative power (Parliament) and the executive power (the government). If the laws passed in The Hague are well thought out “ahead” and also within existing (European) rules, there is a greater possibility that a judge will not poke holes in them afterwards.

Rules are rules

The council says there is nothing wrong with adhering to the rules. And to be honest about the fact that these rules are not only made in Brussels, but also in the Netherlands. Another piece of advice for politicians: go further rather than aiming for a low success mark when making laws.

“On the one hand, the desire to fight climate change with other countries, as when signing the Paris climate agreement, but on the other hand not doing enough to comply with these agreements, leads to people being worried and going to court,” says Helen Ecker, climate specialist at RTL News.

Relationships are imbalanced

“It is good to now examine whether judges in the Netherlands have sometimes gone too far,” says Ecker. “Recommendations were made on how to take the discussion in the Netherlands a step forward.”

According to the council, there is currently an “imbalance” in the political triads, the triangle of legislative, executive and judicial powers. The latter currently has the biggest role in checking whether everything is going according to the rules.

“The judge has been given too much of a role of rescuer of last resort,” the board said. While this should actually be done by the government itself. The Authority advises the need to restore this balance.

More attention to the legal aspect

The Council has very specific advice for this. Such as increased attention in ministries to the legal side of matters when preparing laws. Another option is to strengthen the Council of State, which advises on draft laws, with an additional official. He will then have to check whether the draft law is in line with the Constitution, European law and the European Convention on Human Rights.

The Council does not ignore criticism of the delaying impact of lawsuits surrounding infrastructure and construction projects. This can be remedied by eliminating the option of appeal to the Council of State. Or just create the opportunity to immediately go to the State Council. It would be good to investigate this matter, according to RLI.

RLI expects that there will be more and more lawsuits due to the small area in the country that is being fought over from all sides.