The Dutch State is going to contest the lifting of curfew by the courts. By means of a so-called emergency appeal, the court is asked to suspend the judgment pending the appeal. The Cabinet considers the corona measure necessary to stop a third wave of infestations and calls on everyone to abide by it.
The request for suspension is at 4 p.m. this afternoon. The appeal against the judgment will be dealt with later at another hearing.
Demissionary Prime Minister Rutte called the verdict in a press conference a disappointment. According to him, the rules of decision-making have been fully followed. But if it turned out that curfew does not have the right legal basis, “it does not mean that it is not needed”, he said. “Curfew is not an end but a means to control the coronavirus as much as possible,” he said,
He also pointed to the concern about the British variant, which can cause a third wave of infections. “That is why I strongly urge everyone: should the appeal not lead to suspension, to keep to the curfew. At least until, later this week, there is clarity on the legal basis. We must limit social contacts as much as possible. So just do that, for yourself and for others.”
Demissionary Minister Grapperhaus of Justice and Security pointed out that curfew was an alternative to a complete lockdown. “We do believe that there is a need and proportionality. We are doing this because of the pandemic, which costs a lot of lives and which means that many people with cancer, heart problems and other diseases cannot be helped properly.”
Grapperhaus argued that curfew is a measure that no one has asked for. The Cabinet was also opposed for a long time and put him at the top of the list of measures to be deleted as soon as possible. “But he is needed.”
Rutte said that next Tuesday, when another press conference on the corona measures is scheduled, the Cabinet will decide again on the curfew. The question that then arises is whether it should continue until 2 March or be lifted earlier. “But right now, thats really not wise.”
This morning, in a case brought by the Virus Truth Action Group this morning, the judge ruled that the corona measure was improperly founded. That was done on the basis of an emergency law. It states that in an emergency the cabinet can take decisions without consulting the House of Representatives and the House of Representatives.
The judge does not consider curfew to be a measure which could not be waited as is the case, for example, with a dyke breakthrough. It has been considered by the cabinet and the advisors of the Outbreak Management Team (OMT) for a longer period of time.