How do Dutch citizens perceive democracy and the rule of law? What is needed to strengthen the culture of the rule of law? How can citizens, public administration, and media become more aware of what is at stake if the rule of law is not respected?
On Tuesday evening, March 11, 2025, the Justice and Security Committee held an expert meeting focusing on these questions. It was the first of two sessions preparing for the debate on the State of the Rule of Law, which will be held on June 3, 2025, following the report published by the State Commission on the Rule of Law last year.
Various speakers informed the senators about the public sentiment. Lonneke van Noije, representing the Social and Cultural Planning Office (SCP), discussed the legal awareness of citizens. Generally, citizens are positive about the democratic rule of law and its values. How the rule of law should be interpreted is a matter of debate, as are opinions on where its boundaries lie. The Constitution is not set in stone and provides limited protection of the rule of law according to the SCP. Only a broad culture of the rule of law can uphold it, and it should be encouraged. Many people, including those with academic backgrounds, are not very aware of what is lost if the rule of law is not protected.
Frank van Ommeren from the Council for Public Administration (ROB) believes that the rule of law should be more deeply embedded in public administration. We have a relatively strong rule of law in our country and we must cherish it, he said. The Netherlands has shown it can learn from its mistakes in protecting citizens, as seen in the benefits scandal. However, the rule of law can only fulfill its function if there is a vibrant culture of the rule of law in society where all players endorse its values. If the government does not adhere to its own rules or if the legal awareness among politicians, administrators, civil servants, and media is underdeveloped, erosion threatens. Maintenance is required.
According to Irene Boerefijn of the Netherlands Institute for Human Rights, a strong rule of law is indispensable for the protection of human rights. Conversely, a decline in respect for the rule of law leads to a weakening of human rights protection. If human rights are structurally under pressure, it can lead to a weakening of the rule of law. Protection against infringement of fundamental rights, according to Boerefijn, should not only concern classical fundamental rights but also social fundamental rights. Equality, legal protection, and the opportunities for individual citizens to assert their rights are important. The Institute urged the Senate to focus on the relationship between human rights and the rule of law, especially given the senates role in protecting and strengthening the rule of law.
Rabin Baldewsingh, National Coordinator against Discrimination and Racism, also spoke about better protection of citizens, particularly against a discriminatory government. This still happens regularly, he said, citing the case around DUO where discrimination occurred based on origin and the integration course. Article 1 of the Constitution is clear: All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, gender, disability, sexual orientation, or on any grounds whatsoever is not permitted. He urged the committee to also consider the Caribbean Netherlands in combating discrimination.
Combating anti-Semitism should not only be a concern of the Jewish community, said Rick van den Brink, the government has a duty and a historical responsibility to combat anti-Semitism. He spoke on behalf of Eddo Verdoner, National Coordinator for Combating Anti-Semitism, who was unable to attend. Van den Brink noted that various conspiracy theories circulate imbued with hatred of Jews. These conspiracy theories undermine trust in the democratic system and increase polarization and are therefore not only the problem of the Jewish community. The National Coordinator sees a significant increase in hatred of Jews since October 7, 2023, and called for increased resilience. A strong response is needed: combating anti-Semitism begins with recognizing it.
Senators asked questions about the practical actions related to raising awareness about the rule of law. Awareness of the importance of the rule of law is decreasing, but in the same society, there is also an increasing tendency towards juridification. Experts were asked how they view this paradox. Additionally, there are hateful messages on social media. As long as there is a business model for spreading hateful messages, especially in the digital environment, this threat will not diminish. The Ombudsmans paper shows that the implementation of recovery processes, such as the benefits scandal, now leads to a decrease in trust rather than an increase in trust in the government. Can this dynamic be reversed? Also discussed was the influence of current American political policy on the situation in the Netherlands. In conclusion, how important the rule of law is considered strongly depends on the conviction of the citizen. Therefore, explanation is needed and making it practical for what it means for individuals. Any majority can suddenly become a minority in a different context; therefore, the rule of law is important for everyone.