Netherlands prepares to declare state of emergency: Government requests authorization

The coalition government in the Netherlands has announced its new cabinet program. In the program, the government announced plans to declare a 'state of emergency' to allow for stricter measures in tackling the migration crisis and to withdraw from European Union (EU) regulations.

The Dutch coalition government's cabinet program was announced today.

The most striking point in the approximately 138-page program is the government's fight against the migration crisis.

The program states that the government intends to use the authority to 'declare a state of emergency' under the Aliens Act, which allows for the implementation of stricter measures in dealing with the migration crisis.

It was stated that the state of emergency, which allows the government to issue regulations without consulting Parliament in cases of war, disaster, and pandemics, will be reviewed by the Council of State.

MIGRATION POLICIES TO BE TIGHTENED

The government program states that the aim is to transition to a state of emergency regime to issue legal regulations by the Council of Ministers without consulting Parliament. It was also stated that those wishing to benefit from the right to family reunification will be required to have a regular and sufficient income-generating job in the Netherlands and to have resided in a home for at least 2 years.

On the other hand, it was stated that the right to family reunification will not be available for children over the age of 18.

It was emphasized that asylum applications renewed due to changing conditions will undergo stricter scrutiny, and there will also be an opportunity to reject the applications of asylum seekers who do not show up for a hearing or appointment.

The program, which states that the policy of mandatorily distributing migrants to municipalities in the Netherlands will be abandoned, provided information that those without residence permits will be forcibly deported.

The program states that border controls are intended to be increased and that the requirement for permanent residency, currently granted to those with 5 years of continuous residence, will be changed to "having 10 years of continuous residence."

COUNCIL OF STATE DECISION AWAITED

Dutch Prime Minister Dick Schoof stated at a press conference regarding the program that they want to make migration and asylum regulations stricter, adding that the Council of Ministers will await the Council of State's decision for the declaration of a state of emergency.

Stating that such regulations are usually approved in cases of force majeure such as war and widespread disease, Schoof noted that the intention behind the regulation is important.

Schoof, who stated that the Council of State's review could take 6 to 8 weeks, said that the Council of Ministers has not reached a decision on when and under what conditions the state of emergency will end.

Schoof announced that the migration crisis will become manageable and the state of emergency will end 'when the influx of migrants decreases, when the Dutch people feel they can bear it again, and when access to the housing market, access to healthcare, and education normalize again.'

Minister of Migration and Asylum Marjolein Faber also stated in a post on the government website that they will implement the strictest asylum policy to date, saying, 'People feel the effects of the asylum seeker crisis every day. Voters gave us a clear mandate. We must change our course and immediately reduce the influx of asylum seekers. I am working for a safer Netherlands.'

Minister Faber emphasized that border control will be strengthened by acting together with like-minded countries in Europe on migration.

Schoof stated that the Netherlands will apply next week to withdraw from EU migration regulations, saying, "The Council of Ministers will send an official request to Brussels for withdrawal."

The program stated that the cabinet will notify the European Commission as soon as possible that it wishes to opt out of the European asylum and migration policy.

OPPOSITION REACTS

Frans Timmermans, leader of the Green Left and Labour Party (GroenLinks-PvdA) alliance, pointed out in a post on his X account that the government program makes the Netherlands a more unjust place, criticizing the government for presenting an 'exclusionary' program.

Former European Commission Vice-President Timmermans commented, 'They are cutting the education budget. They are reducing social security. They are reducing renewable energy. They are giving tax breaks to companies. The program focuses only on migration, as if that were the cause of all our problems.'

Stating that as the opposition, they will make proposals for changes to the program, Timmermans said, 'A reasonable wage, a roof over your head, a good education. A fairer contribution from the wealthy. This is the only way we can build a fair and equitable society.'

Mark Klaassen, a member of the Dutch Advisory Committee on Migration Affairs, noted on his X account that the refugee crisis in the Netherlands is at an average level among EU countries and is progressing steadily, underlining that there is no situation that would justify a state of emergency.

Wicher Wedzinga, a former judge and professor of criminal law, also stated in a post on his X account that a government program has been created that appeals to the voters of the Dutch Party for Freedom (led by racist and anti-Islamic leader Geert Wilders), but that according to case law, there are no 'extraordinary circumstances.'

Wedzinga argued that Parliament should not be sidelined.

Wim Voermans, professor of constitutional and administrative law at Leiden University, also pointed out in a post on his X account that the law only allows for state of emergency regulations in cases such as natural disasters, war, and epidemics, noting that the then-State Secretary for Migration Eric van der Burg also attempted this in 2022.

News Source: AA