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Netherlands: Court Prohibits Government’s Use of AI Software to Detect Welfare Fraud

(Mar. 13, 2020) On February 5, 2020, the District Court of The Hague (Rechtbank Den Haag) held that the System Risk Indication (SyRI) algorithm system, a legal instrument that the Dutch government uses to detect fraud in areas such as benefits, allowances, and taxes, violates article 8 of the European Convention on Human Rights (ECHR) […]

Netherlands: Burqa Ban Enters into Force

(Aug. 27, 2019) On August 1, 2019, the “Act Partially Prohibiting Face-Covering Clothing,”also known as the “Burqa Ban,” entered into force in the Netherlands. The Act prohibits the wearing of clothing that completely or partially conceals the face in spaces where people are expected to communicate with each other. Thus, face-covering clothing is banned on […]

Netherlands: Draft Law to End Advisory Referendum Law

(Dec. 29, 2017) Kajsa Ollongren, Minister of the Interior and Kingdom Relations of the Netherlands, stated on December 20, 2017, that she had submitted legislation to the Dutch Parliament on the repeal of the country’s law that provides for non-binding advisory referendums. (Dutch Cabinet Wants No Referendum on Law to End Referendums, MADISON.COM (Dec. 20, […]

Netherlands: Human Rights Institute Rules Police Administrative Staffer Can Wear Hijab with Uniform

(Dec. 1, 2017) On November 20, 2017, the Netherlands Institute for Human Rights (College voor de rechten van de mens), an independent supervisory body established in 2002 that took over the tasks of the Dutch Equal Rights Commission, issued a non-binding ruling to the effect that the Dutch police were wrong to prohibit a Muslim […]

Netherlands: Referendum to Be Held on Surveillance Law

(Nov. 17, 2017) On November 1, 2017, the Electoral Council (Kiesraad) of the Netherlands publicly announced that, based on the more than 384,000 valid signatures received requesting it, a referendum on the Act on Intelligence and Security Services will be held within six months. (Press Release, Referendum over Wiv gaat door [Referendum on Wiv Coming Along], Kiesraad […]

Netherlands: Draft Law on New International Commercial Court

(Aug. 11, 2017) On July 18, 2017, Stef Blok, Minister of Security and Justice of the Netherlands, submitted draft legislation to the Dutch House of Representatives (Tweede Kamer) on the establishment of a new commercial court that would have the authority to render judgments in English on complex international trade disputes involving the Netherlands. (Legislative […]

Netherlands: Harsher Punishments for Serious Traffic Offenses

(Aug. 11, 2017) On July 20, 2017, the Minister of Security and Justice (MSJ) of the Netherlands, Stef Blok, submitted a policy brief to the Dutch House of Representatives (Tweede Kamer) as the basis for legislation to increase the maximum penalty for serious traffic-related offenses under the Road Traffic Act. (Minister Blok gaat strafmaat ernstige […]

Netherlands: Enhanced Police Powers for Missing Person Investigations

(July 28, 2017) On July 19, 2017, consultation via the Internet opened for draft legislation that would speed up missing person investigations by giving Dutch police enhanced powers to request information pertaining to the whereabouts of such persons. The information the police might be able to solicit includes mobile phone and debit card usage, records […]

Netherlands: Two New Laws and Decree on Right of Access to a Lawyer

(July 7, 2017) On March 1, 2017, two new laws and a decree, all related to the right of access to a lawyer before and during police questioning of a suspect, entered into force in the Netherlands. (Legislation Access Lawyer During Police Questioning in Force, Ministry of Security and Justice website (Feb. 27, 2017).) A […]

Netherlands: Mandatory Digital Litigation Extended to Asylum and Detention Cases

(June 15, 2017) According to the Dutch Ministry of Security and Justice, beginning on June 12, 2017, a new system of simplified, digital litigation will be used for all asylum and detention cases handled by all courts in the Netherlands and, as of September 1, the new system will be required for claims cases requiring legal representation […]