With her approach to a number of asylum laws, Minister of Asylum and Migration Marjolein Faber (PVV) undermines the democratic constitutional state. The Dutch Bar Association (NOvA) stated this in a letter to the ministry on Saturday. The NOvA was given only one week to respond to a change in the law that aims to create a dual-status system and tightens the requirements for subsequent travel. Moreover, this had to be confidential.

An unusual turn of events that the lawyers were “shocked by” can be read in the letter. According to the Order, Faber is trying to implement measures “with steam and boiling water”. The NOvA and other social organizations in the asylum chain are thus “sidelined”.

Normally, citizens, institutions and companies are given four weeks to respond to bills. In case of great haste, this may be deviated from, but according to the NOvA this was not the case in this case.

It is unclear to the NOvA why Faber works this way. “We fear that this course of events will occur more often and have major consequences for our democratic constitutional state,” said General Dean Sanne van Oers on the NOvA website. Faber has announced that he will propose even more bills next year. “If it goes the same way, then we cannot give good advice on those proposals every time and it will go to the House of Representatives,” Van Oers told NOS.

‘Serious human rights objections’

The lawyers are very concerned about Faber’s proposed measures. The plans for the dual-status system and the stricter family reunification encounter “serious human rights objections” and may lead to discrimination in the implementation. “The interests of vulnerable people, including children, are insufficiently safeguarded,” the order summarizes its criticism on the website. The fact that the minister is working in great haste and carelessly is therefore “extra bad”.

Minister Faber would like to send her legislative changes to the Council of State this year. Geert Wilders is hot on her heels in that respect and this week called on her to make haste.

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