The first in parliamentary history, based on a “miscarriage of justice.” Constitutional experts react with astonishment Amsterdam first aid judge’s decision MP Nilufer Gundogan (Volt) was mistakenly expelled from the group.

Professor of constitutional law in Groningen, Doi Jan Elzinga, says the judge doesn’t deal with that at all. According to him, the ruling sets an unwelcome precedent that opens the door to political differences within the political groups in the courts. “Food for lawyers, but based on a judgment from a one-sided wrong private law perspective.”

Volt, represented in the House with three seats since March, has been at odds with Gundogan for months. Last month suspended The party terminated its membership in the faction after receiving thirteen reports, among other things, of intimidation and unwanted sexual advances. Gundogan denies these allegations.

On Wednesday the first aid judge proved her right on all fronts and also awarded her €5,000 in damages, because, according to the judge, Wohlt has little chance of success in any follow-up proceedings.

separation of powers

But while Gundogan himself Getting ready to return to the group, constitutional law experts are surprised by what they see as interference by the judge. Betty Drakeshag, who specializes in constitutional law, had expected the judge to be “in light of the separation of powers.” “Can a party member also go to court if he is denied his spokesperson?”

Tom Lowers, Senior Lecturer in Political Science at Leiden University, talks about a unique constitutional law. “I can imagine that the judge will rule on labor law relations within the group. But what if there is an objective political conflict? That would be far-reaching and uncomfortable.”

Elzenga says most political parties are associations. A member can be tested for expulsion by private law. But this judge incorrectly sees the parliamentary faction as an extension of the party. This reasoning is untenable and does not take into account the autonomy that groups have enjoyed for many years.”

Judges must follow the doctrine political question Use, says Elzinga. This provides the greatest possible restraint on the part of judges in political disputes. “This judge walks around the china shop like an elephant and sets a very sinister precedent for her ruling.”

The judge places the case in the context of other matters involving infringing behavior in Holland sound† Ajax, and departure Member of Parliament Gijs van Dijk (PvdA) And the Gerrit van de Kamp, President of the ACP Police Association† “It is understandable that the young and relatively inexperienced Volt party leadership” in such a climate is shocked by such reports at home. But the judge’s response to that was “too fast and incorrect.”