The Fokkens Committee has identified shortcomings in the current special procedure for investigating, prosecuting, and adjudicating offenses committed by public officials. Therefore, these legislative proposals aim to revise the framework. The cabinet adopts the recommendations of the Fokkens Committee.
The revision follows two tracks. The special procedure is enshrined in the Constitution, and therefore the Constitution must be amended to address the fundamental objections to the existing framework. The prosecution decision will be removed from the political sphere and placed with the Attorney General of the Supreme Court, and adjudication will take place in multiple instances. Prior to that, amendments to ordinary laws will address as many bottlenecks as possible within the existing framework of the Constitution. The current, partly outdated, and sometimes unclear legal framework will be replaced by a modernized framework. Together, the proposals ensure that the investigation, prosecution, and adjudication of offenses committed by members of parliament and officials align as closely as possible with the regular criminal procedure.
Minister Van Weel: “As the Fokkens Committee also indicates, it is essential for the functioning of a democratic rule of law that effective action can be taken against offenses committed by political office holders. Therefore, I believe it is important that these proposals take steps towards establishing a future-proof system for the investigation, prosecution, and adjudication of offenses committed by members of parliament and officials.”
Minister Uitermark: “The proposal to amend the Constitution respects the significant importance for a democratic rule of law that effective action can be taken against offenses committed by political office holders. The mere suspicion that political motives may play a role in the decision to prosecute a member of parliament or official for committing an offense must be prevented. The fundamental principle of the right to appeal must also be safeguarded.”