The law is now in the House of Representatives, who will debate it tomorrow. The Senate, where the cabinet does not have a majority, will probably consider it on Friday, on the day of the appeal.
The cabinet can expect severe criticism in both the House of Representatives and the Senate, says political reporter Ron Fresen. “They have to demonstrate 100 percent that the law is okay. And also that the curfew is a proportional measure: is it really in proportion to the health gains you can achieve with it? The cabinet does not have a very strong story there. They can actually do it. no better explanation than they have done so far, while the parties will ask for it. “
What does the case do with the credibility of the corona policy?
Fresen speaks of a “great painful mistake” on the part of the cabinet. “They already had the image that it rattles, and that is not getting any better now. With other matters concerning corona, the cabinet could always say: we were surprised by the virus. Then it is logical that you have to find your way and make mistakes. But they can’t use that argument right now. This is about, are you able to make a valid law? “
According to constitutional law teacher Manon Julicher, it is logical that many people are left in confusion after yesterday. “You really cannot use that legal wrangling when it comes to such drastic measures. It is precisely then that it is important that good legal procedures are followed, because otherwise people can doubt whether their rights and freedoms are properly safeguarded.”
What about the appeal?
The cabinet’s bill is actually a kind of way out: if the cabinet loses the appeal but parliament approves the law, the curfew can still remain in effect. Political reporter Fresen thinks the law will pass: “It is a terrible torture for the cabinet, but it is legitimate. And there is still plenty of support for the curfew.”
The appeal is due Friday. Outgoing Prime Minister Rutte and Minister Grapperhaus of Justice said yesterday that they still think they have a “very solid case”. And even if the current curfew does not have the correct legal basis, said Rutte, “That does not mean that this measure is unnecessary.”
To be continued.