The Senate voted on Tuesday, May 27, on a private members bill from the House of Representatives to administratively ban undermining organizations. The proposal was primarily aimed at criminal motorcycle gangs. The factions of SGP, CDA, VVD, and JA21 voted in favor of the proposal, while the factions of OPNL, GroenLinks-PvdA, D66, Volt, PVV, FVD, SP, PvdD, ChristenUnie, BBB, 50PLUS, and Fractie-Kemperman voted against the proposal.
The Senate debated a week earlier with the three initiators of the bill and Minister Van Weel of Justice and Security. Many speakers addressed the changed society since the bill was introduced in 2018. In the seven years that followed, seven motorcycle gangs were banned, and in 2022, a tightening of legislation came into effect. The courts have also moved more quickly to impose bans than at the time of the introduction. They therefore asked whether there is still a need and necessity for the law. According to the initiators, the bill is still necessary. At the end of last year, it became clear that members of banned motorcycle clubs were founding new clubs or switching. And they continue to engage in undermining activities.
A number of senators expressed concern about the infringement that the bill would make on the constitutionally enshrined right of freedom of association. They asked whether this infringement of fundamental rights does not form a slippery slope. The same applied to placing the decision to impose a ban with the minister and not with the courts. Among part of the Senate, there was concern that the law could potentially be politically misused to ban organizations other than motorcycle gangs. According to the initiators, there are no comparable organizations in the Netherlands that have the same activities and structure as motorcycle gangs. However, they believe it is not unthinkable that a certain organization could develop in that way. Therefore, motorcycle gangs were not explicitly mentioned in the bill.
Supporters of the bill, like the initiators, saw that the bill was necessary to tackle undermining organizations. They viewed it as a complement to the already existing means to ban such organizations through the courts and thus protect society from undermining and disruption. The minister also shared this analysis. He stated that the administrative procedure proposed in the law and the authority it creates offers a further possibility to tackle undermining organizations.
The law was submitted in 2018 by members of the House of Representatives from PvdA, CDA, VVD, ChristenUnie, and SGP and would give the minister the authority to ban undermining organizations. Undermining organizations are organizations that create, promote, or maintain a culture of lawlessness, posing a serious threat to the safety of citizens and public authority. The initiators specifically aimed to ban criminal motorcycle gangs, so-called Outlaw Motorcycle Gangs (OMGs), and similar organizations with this proposal. The initiators wanted to expedite the procedure for banning organizations that undermine society. Furthermore, the initiators proposed to include rules regarding attributing behavior to the organization and explicitly state that political parties, religious communities, and trade unions cannot be banned administratively. On April 1, 2025, it was announced that GroenLinks-PvdA and ChristenUnie withdrew as co-sponsors.