The preliminary relief judge in The Hague today upheld the claims of the Viruswaarheid.nl Foundation to put the curfew in the Netherlands inoperative. The curfew must be lifted immediately.
Extraordinary Powers of Civil Authority Act
A special act, the Extraordinary Powers of Civil Authority Act (Wbbbg) has been used to introduce the curfew. This act offers the cabinet the option of imposing a curfew in very urgent and exceptional circumstances, without first having to go through a legislative process – in which the Senate and the House of Representatives are involved in advance.
The Preliminary Relief Judge ruled that the introduction of the curfew did not involve the special urgency required to be able to make use of the Wbbbg. This is evidenced by the fact that before the introduction of the curfew, the possibility of a curfew had been discussed more often.
The Wbbbg was therefore introduced while there was no question of a situation for which the law is intended, as is the case, for example, with a dike breach. Therefore, the use of this law to impose curfew is not legitimate.
Infringement of Rights
The curfew is a far-reaching violation of the right to freedom of movement and privacy and (indirectly) limits, among other things, the right to freedom of assembly and demonstration. This requires a very careful decision-making process.