Will the government fall in the Netherlands?: Declaring a state of emergency is on the agenda

The far-right and center-right coalition government, formed 223 days after the November 22, 2023 general elections in the Netherlands, is considering declaring a state of emergency to resolve the refugee crisis. However, this initiative has led to deep disagreements and political tension among the coalition parties. As the government awaits the advisory opinion of the Council of State, the possibility of the coalition collapsing is being discussed.

The future of the government, which is waiting for the Council of State's advisory opinion to declare a state of emergency to combat the refugee problem, is becoming increasingly uncertain due to disagreements within the coalition parties.

It is suggested that the New Social Contract (NSC) party, the junior partner in the coalition, may withdraw its support for the state of emergency regulation—spearheaded by the Party for Freedom (PVV) led by the racist and Islamophobic leader Geert Wilders and supported by the People's Party for Freedom and Democracy (VVD) led by Dilan Yeşilgöz—if the Council of State issues a negative opinion.

Opposition parties also state that there is no crisis in the country that would necessitate the declaration of a state of emergency, suggesting that the issue be resolved through an 'emergency law (Spoedwet)' to be passed by parliament instead of 'state of emergency (Noodwet)' laws.

Denk Party MP Doğukan Ergin and journalist Nassreddin Taibi evaluated the Dutch government's plan to declare a state of emergency, which would allow for the implementation of stricter measures to combat the refugee problem, and the disagreements that have arisen within the coalition regarding this process.

Party for Freedom leader Geert Wilders

IS THERE A GOVERNMENT CRISIS?

Denk Party MP Doğukan Ergin stated that the government has not clarified the basis on which it wants to declare a state of emergency to deal with the refugee problem.

Stating that the plan to combat the refugee problem will bring many problems with it, Ergin said, 'If the state of emergency regulation that tramples on the rule of law, which PVV leader Geert Wilders desires so much, does not come, this could lead to a government crisis and cause the coalition to fall. This would mean the Netherlands going to general elections again.'

Emphasizing that more radical policies could come to the agenda after a possible general election, Ergin said, 'As a result of new elections, I expect different and new policies that will disable the rule of law.'

IS THE CENTER-RIGHT IN THE NETHERLANDS RADICALIZING?

Ergin pointed out that the VVD has shifted its policy on refugees to a line even more radical than Wilders', and that this has caused a serious loss of votes for the VVD.

Stating that the VVD has lost its internal party balance in order to be in the government, Ergin said, 'The party is currently like a plane without a pilot.'

Emphasizing that although Wilders is not directly in the government, he directs Dutch politics with his policies and ideas, Ergin said, 'Wilders is now in a position to set the agenda in Dutch politics. Even though he says he has suspended his anti-Turkish and anti-Islamic ideas, he is lying in wait to turn the Netherlands into a racist state at the first opportunity.'

Reminding that Wilders publicly scolded the Dutch Prime Minister Dick Schoof, whom he himself proposed, on his third day in office for being 'weak' against the opposition, Ergin underlined that they would fight against Wilders, who advocates for the closing of mosques and the banning of the Quran.

Anti-immigrant protests in the Netherlands have increased since corona restrictions were lifted

WILL A STATE OF EMERGENCY BE DECLARED?

Journalist Taibi also stated that it would be difficult to defend the declaration of a state of emergency from a legal perspective, saying, 'The probability of the Council of State giving a negative opinion for the state of emergency is high because it will be difficult for the government to defend the state of emergency.'

Stating that for now, only an advisory opinion will come from the Council of State regarding the declaration of a state of emergency, Taibi expressed that if the government still proceeds with the state of emergency despite a negative opinion, the state of emergency could be terminated through potential legal challenges arising from the Council of State's opinion.

Taibi noted that Wilders and the VVD advocate for declaring a state of emergency even in the event of a negative opinion from the Council of State, and that they want to explore the limits of existing legal rules regarding migration.

Stating that, unlike Wilders and the VVD, the NSC in the coalition would be uncomfortable with the Council of State's opinion being ignored, Taibi said the following:

'The NSC, which was established last year with the promise of 'good governance', is very uncomfortable with this situation. They especially see a high risk of a major conflict between the judiciary and the government. The NSC leadership fears that if the Council of State gives a negative opinion on the state of emergency law, Wilders will use this to blame partisan judges, and this will put pressure on the Dutch rule of law system.'

Pointing to the risk of division within the party, Taibi said, 'If the NSC leadership changes its mind and supports the state of emergency regulation despite the Council of State's negative opinion, NSC MPs might oppose it. This situation could deepen the fragility of both the coalition and the party.'

People's Party for Freedom and Democracy Leader Dilan Yeşilgöz

WHAT DOES ABANDONING EU REGULATIONS MEAN?

Describing the Dutch government's request to withdraw from EU migration regulations as a symbolic step, Taibi said, 'Although the Netherlands does not want to be part of the EU Migration Pact, it commits to remaining bound by this agreement.'

Taibi stated that the state of emergency clause in the Asylum Law was designed for situations of war and epidemics, noting, 'However, asylum numbers are currently lower than in previous years, and the Netherlands is below the EU average in terms of refugee density. Therefore, it is difficult to claim that there is a crisis at a level that would require the declaration of a state of emergency regarding asylum.'

Stating that the government has not yet explained the justifications that would make the state of emergency legally acceptable, Taibi said, 'Under these conditions, declaring a state of emergency could face the government with a major political and legal test.'

In the Netherlands, the government led by former Prime Minister Mark Rutte resigned on July 7, 2023, due to a failure to reach an agreement in negotiations on refugee policies, and the PVV, led by far-right leader Geert Wilders, emerged first in the early elections held on November 22, 2023.

News Source: AA