News item | 06-06-2025 | 14:30
Minister Van Weel of Justice and Security and Minister Uitermark of the Interior and Kingdom Relations send two legislative proposals to the Council of State for advice. These proposals revise the legal regulation for the investigation, prosecution and trial of office crimes by MPs, ministers and state secretaries.
The Fokkens committee has found shortcomings in the current special procedure for tracing, prosecuting and trying of office crimes. That is why a revision is being worked on with these legislative proposals. The cabinet takes over the recommendations of the Fokkens committee.
The revision runs past two tracks. The special procedure is laid down in the Constitution and therefore the Constitution must be amended to eliminate the fundamental objections to the existing regulation. The prosecution decision is taken from the political atmosphere and invested and trial takes place in several authorities with the attorney general of the Supreme Court. Prior to this, with a change of ‘normal’ laws, as many bottlenecks as possible are removed within the existing frameworks of the Constitution. The current, partly outdated and sometimes unclear legal regulation is replaced by a modernized regulation. The proposals jointly ensure that for the investigation, prosecution and trial of MPs and ministers for official offenses, the regular criminal proceedings are aligned as much as possible.
Minister Van Weel: “As the Fokkens committee also indicates, it is essential for the functioning of a Democratic constitutional state that acting against official crimes can be effectively acted. That is why I think it is important that these proposals are taken to arrive at a future-proof system for the investigation, prosecution and civil service.” ”
Minister Uitermark: “The proposal to change the Constitution is entitled to the great importance for a democratic constitutional state that can be actively acted against official offenses of political office holders. Just the suspicion that political motives can play a role in the decision a member of parliament or minister must be prevented from the commitment of an AmbtsDelict.”