News item | 22-05-2026 | 14:29
Minister Van Weel (Justice and Security) and Minister Heerma (Interior and Kingdom Relations) today sent 2 bills to the House of Representatives. The proposals revise the rules for the investigation, prosecution and adjudication of official offenses by MPs, ministers and state secretaries and, where possible, are in line with regular criminal proceedings.
The reason for the review is the 2021 report of the Fokkens committee, which identified shortcomings in the current special procedure. The cabinet adopts the committee’s recommendations. The Council of State has given positive advice on both bills.
The revision follows 2 tracks. Because the special procedure is laid down in the Constitution, a constitutional amendment is necessary to remove fundamental objections to the existing arrangement. In the new structure, the prosecution decision is removed from the political sphere and placed with the Attorney General at the Supreme Court. Trial in multiple instances will also become possible. Prior to this, as many bottlenecks as possible are addressed within the current constitutional frameworks through changes in ‘ordinary’ laws. This means that the current, partly outdated and sometimes unclear regulation will be replaced by a modernized and clear legal regulation.
Minister Van Weel “As the Fokkens Committee also indicates, it is essential that effective action can be taken against official offenses by political office holders. That is why I think it is important that these proposals take steps to achieve a future-proof system for the detection, prosecution and adjudication of official offenses committed by MPs and ministers.”
Minister Heerma: “If a minister, state secretary or MP commits an official offense, we must tackle it. That is essential for the functioning of our democratic constitutional state. And it is just as essential that this happens in an independent manner, without even the appearance of political motives. With this amendment to the law, we are enshrining this in our Constitution.”
