The Dutch government has announced a landmark proposal to better protect citizens’ fundamental rights by abolishing the ban on testing laws against the Constitution and establishing a specialized constitutional court. This reform will empower individuals to challenge laws they believe infringe upon their constitutional rights, ensuring a stronger safeguard for freedoms such as expression, religion, education, and equality. Minister Uitermark of the Interior and Kingdom Relations and State Secretary Struycken (Legal Protection) have submitted the plans to the Senate and House of Representatives, marking a significant step toward aligning the Netherlands with European standards of constitutional review.

A Bold Step Toward Greater Legal Protection

Currently, Dutch judges are prohibited from reviewing laws against the Constitution under Article 120, a unique restriction in Europe. This ban was originally intended to ensure that only the legislature, not the judiciary, determines whether laws align with the Constitution. However, this limitation has left citizens without a direct mechanism to challenge laws that may violate their fundamental rights. The government now proposes to partially lift this ban, allowing courts to assess laws against “classic fundamental rights” enshrined in the Constitution, such as freedom of speech, religion, education, and the prohibition of discrimination. These rights are designed to protect individuals from government overreach.

A Constitutional Court: A New Safeguard for Fundamental Rights

To further strengthen this protection, the government plans to establish a specialized constitutional court. This court will serve as an independent body tasked with reviewing laws for compliance with the Constitution, ensuring swift and decisive judgments to protect citizens’ rights. The court will consist of 10 to 12 members appointed for a maximum of nine years without the possibility of reappointment, ensuring expertise, impartiality, and diversity. Citizens will be able to bring cases to any court, which can then request a preliminary ruling from the constitutional court on matters of significant social relevance. This dual-layer system ensures both accessibility and efficiency in addressing constitutional concerns.

Why This Reform Matters

1. Empowering Citizens: By allowing judicial review of laws, individuals gain a powerful tool to challenge legislation that may infringe on their fundamental rights. This reform ensures that the Constitution remains a living document, actively protecting citizens from potential government overreach.
2. Aligning with European Standards: The Netherlands is currently the only European country where constitutional review of laws is prohibited. This reform brings the country in line with international norms, reinforcing its commitment to democratic principles and human rights.
3. Specialized Expertise: The constitutional court will provide a dedicated forum for addressing complex constitutional issues, ensuring consistent and well-reasoned rulings that strengthen the rule of law.
4. Enhancing Trust in Government: By enabling judicial review, the government demonstrates its commitment to transparency, accountability, and the protection of individual rights, fostering greater trust between citizens and the state.

Real-World Impact

The ability to challenge laws against the Constitution has proven effective in other countries. For example, in Aruba, a court ruling based on the prohibition of discrimination in the Aruban constitution led to the legalization of same-sex marriage. Similarly, in the Netherlands, this reform will allow citizens to challenge laws they believe discriminate against specific groups or infringe on freedoms such as religious or educational rights.

Broader Responsibilities for the Constitutional Court

In addition to reviewing laws against fundamental rights, the constitutional court may also be tasked with interpreting other parts of the Constitution, such as provisions related to government bodies and their relationships. This broader mandate underscores the court’s role as a guardian of the Constitution and a cornerstone of democratic governance.

Next Steps

The government has outlined its plans in a memorandum and will engage in further discussions with experts, researchers, and stakeholders in the coming months. A draft bill is expected to be released for public consultation later this year. Because the reform requires a constitutional amendment, it will need to be approved by Parliament in both the current and next cabinet terms. This deliberate process ensures thorough consideration and broad support for the changes.

A Historic Moment for Dutch Democracy

The proposed abolition of the review ban and the establishment of a constitutional court represent a historic shift in the Netherlands’ legal framework. By empowering citizens to challenge laws and creating a specialized court to uphold constitutional rights, the government is taking a decisive step toward strengthening democracy, protecting fundamental freedoms, and ensuring that the Constitution remains a powerful tool for justice and equality. This reform reaffirms the Netherlands’ commitment to being a society where fundamental rights are not just theoretical guarantees but practical realities for all.