The Cabinet has, as expected, sent an emergency law to the House of Representatives to give curfew a better legal basis. In this way, the demissionary cabinet wants to maintain the measure, now that the court has assessed the current legal basis as insufficient.
It is not a separate law, as originally intended. After criticism from the Council of State, the Cabinet has incorporated the curfew into the Coronas Act. It falls under the public health law.
Previously, the Cabinet argued that curfew is such an outright measure that it does not fit into the Coronalaw. However, according to the Council of State, when it is included in the Corona Act, the legal limits of the measure are clearer. The measure must be temporary and be used only if there is real reason to do so.
The control of the House of Representatives is also better regulated if the curfew is part of the corona law, according to the Council of State.
Majority expected in Second Chamber
It is intended that the House of Representatives should ask written questions about the bill today and then hold a debate on it tomorrow. For this, the MPs must come back from recess. It is expected that a majority will agree.
In order for the emergency law to come into force, the First Chamber also has to agree. As it looks now, the Senate will look at it on Friday.
That is also the day on which the appeal is served in the case brought by the Virus Truth Foundation against curfew. Yesterday, the Tribunal in favour of Virus Truth and ruled that the measure should be lifted immediately because there was no serious emergency, as required by law.
The State then filed an emergency appeal to the Court of Justice. That stipulated last night that the court‘s verdict is suspended until the appeal ruling.
Last night, Prime Minister Rutte reiterated that he still believes that the Cabinet has a strong case. But if the court does follow the court’s ruling, there is now the emergency law.
In the explanatory statement to that law, the Cabinet acknowledges that there is a restriction on freedom of movement if citizens are no longer allowed to be on the streets between 9 p.m. and 4.30 p.m.
But, according to the Cabinet, it is a legitimate measure, given the seriousness of the situation due to the emergence of new variants of the virus.