The Rutte IV cabinet wants to work on a constitutional review. This means that judges can test our laws against the constitution. But this is a process that will take years, independent MP Pieter Omtzigt tells BNR Nieuwsradio.
“The Netherlands is one of the few countries in the world where judges are not allowed to review laws against the constitution,” says Omtzigt. “This means that currently only the Senate and the House of Representatives can judge whether a law complies with the constitution.”
The bottom line is that rights in the constitution are less guaranteed than rights in ordinary law. Because you can still go to court over the latter. This is not possible with constitutional rights.
The current government wants to change that. The coalition agreement also states this. Omtzigt says this process will take years.
Twice across the room
After all, a constitutional amendment would have to be introduced to actually change the situation. “You have to guide him across the room in two passes,” says Omtzigt. “Now it has to be approved by the majority, which should be successful given that it is in the coalition agreement.”
But after the next parliamentary elections, the amendment will have to be voted on again. So two-thirds of the House of Representatives and the Senate must accept that constitutional amendment.
According to MP Omtzigt, if the revision comes, it would mean that in situations such as the coronavirus we can better and faster test new laws that limit fundamental rights in court.
Source: BNR
Fernando Dowling is an author and political journalist who writes for 24 News Globe. He has a deep understanding of the political landscape and a passion for analyzing the latest political trends and news.
