A case brought to a court in The Hague by the VirusWaarheid group (“Virus Truth”) has decided that curfew currently in place in the Netherlands must be lifted immediately.
The curfew was implemented under the Extraordinary Powers of Civil Authority Act - an emergency law which allows the cabinet to introduce a new law in times of emergency without consulting the Senate (Eerste Kamer) or the House of Representatives (Tweede Kamer).
But a judge in The Hague has said the coronavirus situation in the Netherlands does not constitute an emergency. The judge ruled that the curfew was a far-reaching violation of the right to freedom of movement and privacy and that “radical measures... must be based on good law.” Because the measure was discussed extensively before it was implemented, the court ruled that there was no question of “special urgency.”
It is not yet known what the direct consequences of the ruling will be and what effect it could have on fines which have already been administered. Justice Minister Ferd Grapperhaus has said he is studying the ruling before taking any action. A spokesperson for the court said the lifting of the curfew cannot be delayed by the government lodging an appeal.