Declaration of an asylum crisis in the Netherlands

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When the Schoof cabinet was formed in 2024, it agreed to declare an asylum crisis in the Netherlands. Through the introduction of an emergency act, it intends to temporarily suspend certain provisions of the asylum legislation.

Background

The coalition agreement of the right-wing Schoof cabinet, struck by the PVV, VVD, NSC, and BBB in May 2024, included plans to issue a "well-substantiated" statutory instrument to suspend certain provisions of the Aliens Act and to introduce an Asylum Crisis Act without delay. It was agreed that no new asylum applications would be processed and that the Spreidingswet would be revoked. [1] [2] [3] The coalition parties called their migration policy the most stringent and extensive in history. [4] In response to questions by MEP Sophie in 't Veld, European Commissioner for Home Affairs Ylva Johansson wrote that a reasoned request would have to be submitted in order to proclaim an asylum crisis, showing that the system has become non-functional despite preparations. [5] In late August 2024, Minister of Asylum and Migration Marjolein Faber said that the Netherlands was experiencing an asylum crisis when discussing the closure of an application center for Ukrainian refugees due to overcrowding. She clarified that her comments did not constitute an official declaration of an asylum crisis and that a bill would be finalized around Prinsjesdag , in mid-September. Prime Minister Dick Schoof remarked that more time would be required. [1] [6]

The governing agreement of the Schoof cabinet, presented on 13 September, reiterated that an asylum crisis would be declared by royal decree, bypassing initial parliamentary approval. [7] Opposition parties questioned the legal viability of invoking emergency powers, and they criticized the lack of parliamentary consultation. [8] Nicolien van Vroonhoven (NSC) noted that her party's support was contingent on a positive advice of the Council of State. [9] Her party joined the opposition in demanding the release of official documents related to the planned use of emergency measures during the annual General Political Debate following Prinsjesdag, referring to the parliament's right to information under Article 68 of the Constitution of the Netherlands. [10] Documents of the Ministry of the Interior and Kingdom Relations showed that civil servants had advised against using emergency legislation, contending that the situation was unlikely to meet the threshold for exceptional circumstances. [11] Faber insisted that she believed a crisis could still be declared. [12] The VVD and NSC later called on the cabinet to prepare an expedited law in parallel, while Geert Wilders stressed that the cabinet would be in trouble if no emergency law would be enacted. [13] [14]

Opposition parties held a majority in the Senate, which would have to approve continuation of an emergency. On 9 October 2024, during the Senate's General Political Debate, a motion was carried declaring the use of emergency powers undesirable and urging the cabinet to propose an alternative approach. [15] A report by the Netherlands Bar  [ nl ] concluded the following day that "the government could not claim to have a fully-fledged rule of law" if it were to abuse emergency powers. [16] Schoof facilitated negotiations between the coalition parties to come to an agreement, initially only inviting the PVV and NSC. [17]

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References

  1. 1 2 Van Buuren, Yara; Kieskamp, Wilma (22 August 2024). "PVV-minister Faber zegt 'asielcrisis' en meteen is er verwarring" [PVV minister Faber says 'asylum crisis' and confusion ensues]. Trouw (in Dutch). Retrieved 27 August 2024.
  2. ↑ Meijer, Remco (26 August 2024). "Hij komt er, de asielcrisiswet, maar hoe en wanneer blijft de vraag" [The Asylum Crisis Act will come, but it remains unclear when and how]. de Volkskrant (in Dutch). Retrieved 29 August 2024.
  3. ↑ Meijer, Remco (26 August 2024). "Hij komt er, de asielcrisiswet, maar hoe en wanneer blijft de vraag" [The Asylum Crisis Act will arrive, but how and when remains to be seen]. de Volkskrant (in Dutch). Retrieved 12 October 2024.
  4. ↑ Meijer, Remco (2 July 2024). "De machtsoverdracht op Justitie: 'Wij houden van de oude bewindslieden en zoeken een nieuwe relatie'" [The transfer of power at Justice: 'We like the old government members and are looking for a new relationship']. de Volkskrant (in Dutch). Retrieved 8 July 2024.
  5. ↑ "Europese Commissie: asielcrisis uitroepen kan niet zomaar" [European Commission: Proclaiming an asylum crisis is not allowed without proper cause]. NOS (in Dutch). 10 July 2024. Retrieved 27 August 2024.
  6. ↑ "Faber: rond Prinsjesdag voorstellen over uitroepen asielcrisis" [Faber: Proposals to declare asylum crisis around Prinsjesdag]. NOS (in Dutch). 21 August 2024. Retrieved 27 August 2024.
  7. ↑ "Kabinet ambitieus over asiel en bouwen, maar stuit bij mest op grenzen" [Cabinet ambitious on asylum and construction, but is constrained on manure]. NOS (in Dutch). 13 September 2024. Retrieved 21 September 2024.
  8. ↑ Van der Sterren, Luuk (12 September 2024). "Minister Faber wil Tweede Kamer 'buitenspel' zetten en asielcrisis uitroepen, oppositie verbolgen" [Minister Faber wants to 'bypass' House of Representatives and declare an asylum crisis, opposition enraged]. NRC (in Dutch). Retrieved 9 October 2024.
  9. ↑ "Van Vroonhoven (NSC) irriteert coalitiegenoten met uitspraak asielplannen" [Van Vroonhoven (NSC) angers coalition parties with comments on asylum plans]. NOS (in Dutch). 16 September 2024. Retrieved 22 September 2024.
  10. ↑ Pelgrim, Christiaan (19 September 2024). "Kamer eist ambtelijke stukken, na weigering kabinet" [House demands official documents, following refusal by the cabinet]. NRC (in Dutch). Retrieved 10 October 2024.
  11. ↑ "Kamer in de ban van ambtelijk advies over noodwet voor asiel" [House gripped by official advise about emergency asylum law]. NOS (in Dutch). 19 September 2024. Retrieved 10 October 2024.
  12. ↑ "Asielminister Faber denkt noodrecht te kunnen doorzetten" [Asylum minister Faber believes she can continue emergency legislation]. NOS (in Dutch). 20 September 2024. Retrieved 10 October 2024.
  13. ↑ "Wilders voert druk over asielnoodwet op" [Wilders increases pressure over asylum emergency act]. Het Financieele Dagblad (in Dutch). 1 October 2024. Retrieved 1 October 2024.
  14. ↑ Van Eijsden, Auke (3 October 2024). "Coalitie nadert frontale botsing over asiel. Maar wie heeft er zin in een kabinetsval?" [Coalition is heading towards a full-blown clash over asylum. But who wants the cabinet to collapse?]. Trouw (in Dutch). Retrieved 5 October 2024.
  15. ↑ "Eerste Kamer keert zich tegen asielnoodwet: 'Onwenselijk'" [Senate turns against emergency asylum law: 'Undesirable']. de Volkskrant (in Dutch). 9 October 2024. Retrieved 10 October 2024.
  16. ↑ Al Ali, Wafa (10 October 2024). "Asielplannen van het kabinet zakken door de rechtsstatelijke ondergrens, zien advocaten. 'Dat rechters dit dan moeten repareren, is zorgelijk'" [The cabinet's asylum plans are crossing constitutional lower limit, according to lawyers. 'The fact that judges would have to fix it, is worrying']. NRC (in Dutch). Retrieved 13 October 2024.
  17. ↑ Sie, Puck; Wolzak, Martine; De Horde, Cor (22 October 2024). "Voltallige coalitie onderhandelt over asiel met deadline in zicht" [Full coalition negotiates on asylum with deadline in sight]. Het Financieele Dagblad (in Dutch). Retrieved 22 October 2024.
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