News item | 04-07-2025 | 15:15
If people think that a law is contrary to the fundamental rights of the Constitution, they must be able to have this tested by the court. That is not possible now, and that is why the government proposes a change in law. Minister Uitermark of the Interior and Kingdom Relations and State Secretary Struycken of Legal Protection have published the proposal for this. Everyone can respond to this via an internet consultation until 29 August.
The prohibition for judges to test laws against the Constitution is laid down in the same Constitution (Article 120). The idea behind this is that it is exclusively up to the legislator, and not to the court, to ensure that laws are not contradicting the constitution. The government wants to partially eliminate this prohibition, so that the fundamental rights of people are better protected.
Classic fundamental rights
The proposal states that judges will soon be allowed to test a law against so -called ‘classical fundamental rights’ from the Constitution. They are rights that protect people against the government. These are, for example, freedom of expression, education and religion and the prohibition of discrimination. For example, by lifting the ban, people can go to court if they think that a law is making a discriminatory distinction between men and women. The proposal for the amendment to the law contains a complete list of rights that the test may take place.
Limitations of fundamental rights
Furthermore, the legal text on limiting fundamental rights is adjusted. Fundamental rights may be limited in some cases because other interests are at stake. Think of the demonstration law, which can have consequences for public order. The existing law is mainly about who can impose such a limitation, there is less attention for substantive reasons. That is why the government proposes to add something about this in the Constitution. For example, a limitation of a fundamental right must always be proportional and be in reasonable proportion to the intended purpose. The limitation must be suitable for achieving the goal and may only be used if this cannot be achieved in any other way.
Process
Everyone can respond to the bill until 29 August. All responses will then be processed and the proposal for advice will be sent to the Council of State, after which it will be offered to the Senate and Lower House. Because it is a constitutional amendment, the proposal must be voted on both in this and in the next cabinet term.