State commission on rule of law issues advisory report on operation of rule of law

On 10 June, the State Commission on the Rule of Law, of which Prof. Marc Hertogh of our Faculty is a member, published its advisory report on the functioning of the rule of law. In the report, titled 'The Broken Promise of the Rule of Law: Ten Proposals for Improvement with an Eye on the Citizen', the State Commission concludes that the rule of law has been long neglected by the government.

No protection, influence or support

According to the State Commission, a significant group of citizens is currently in trouble because the government has neglected the rule of law. It argues that the promise to provide a rule of law in which citizens are protected by and against the government has been broken. Also, according to the State Commission, citizens are being denied influence over government power and are not being offered needed support.

The State Commission calls on the new cabinet and parliament to put an end to the harsh reality in which many citizens suffer from the neglect of the rule of law. It argues that the rule of law requires permanent maintenance and that decisive political-administrative and legal measures must be taken in the coming years so that the rule of law is not further neglected for citizens in a vulnerable position.

Ten proposals

In the report, the State Commission made ten proposals to parliament, the government, the judiciary and government organizations with citizen contact. The proposals are based in part on conversations with citizens and results from a national citizen panel. Some examples:

• Simplify policies, laws and implementation when it comes to subsistence security.
• Strengthen legal protection.
• Make the rule of law the guiding principle again in the actions of politics and government.
• Give implementing organizations the opportunity to draw a red card.
• Abolish the review ban.

Rule of Law Commission

The State Commission on the Rule of Law has been active since February 1, 2023. It was commissioned by the government, Judiciary, Senate and House of Representatives to come up with proposals to strengthen the rule of law. Hertogh is deputy chairman of the State Commission.

This article was published by the Faculty of Law.