News item | 23-12-2024 | 5:00 PM
Various laws in the field of Justice and Security will come into effect on January 1, 2025. Below is an overview.
Limited right to speak for victims and surviving relatives in TBS measures
As of January 1, 2025, the limited right to speak for victims and surviving relatives will come into effect for TBS and PIJ extension hearings at which conditions are discussed. A PIJ measure is also called youth TBS. The right to speak only applies to hearings where conditions are imposed on the perpetrator or are changed. The right to speak means that from now on the victim and surviving relatives can explain at the hearing what protection needs they have. For example, they can ask for a contact ban or location ban. This is an important step in strengthening the position of victims and surviving relatives during the execution of a sentence. The limited right to speak is part of the Expansion of Victims’ Rights Act (WUS). The WUS includes a number of measures that improve the position of victims of criminal offences. In this way, the government wants to contribute to further strengthening and anchoring the position of the victim in the criminal process. The different parts of the WUS entered into force on different dates.
VOG police data for employees of private youth prisons
On July 1, 2022, the Justis screening authority started issuing the Declaration of Good Conduct in Police Data (VOG P). From January 1, 2025, the VOG P will be mandatory for a number of positions at the private youth prisons Lelystad and Teylingereind, also known as the private Juvenile Juvenile Institutions (JJIs), because these are positions that require a high degree of integrity. This means that police data is always requested when applying for a Certificate of Good Conduct for these positions. The VOG can also be refused on the basis of (only) relevant police data. The Certificate of Good Conduct P will be mandatory for both current and new employees. The VOG P already applied to certain positions in the National Youth Prisons. Positions for which a VOG P is mandatory include facility security guards, group leaders and pedagogical staff.
Simplifying and modernizing evidence law in civil proceedings
The Simplification and Modernization of Evidence Law improves and simplifies the options for parties to obtain important information about a dispute in advance and during civil proceedings. For this purpose, the Code of Civil Procedure and some other laws will be amended. The law of evidence regulates when and how parties in a civil procedure may or must provide evidence of the facts that the parties use to substantiate their position in the procedure. The change in law makes it possible to submit different ways of obtaining evidence to the judge in one request. For example, a witness hearing can be requested together with an expert investigation or access to information from someone else. The rules for requesting information from someone else will be clarified and brought more into line with the other ways of obtaining evidence. Furthermore, the possibility of having evidence seized by a bailiff is laid down in the law. A bailiff can also objectively describe a certain factual situation in a report of findings. From now on, this will provide compelling evidence for the judge. In addition, the law clarifies the role of the judge in establishing the truth by indicating that the judge has the scope to actively discuss the facts presented by the parties with parties.
Adjustment of dispute regulations and clarification of access requirements for the survey procedure for shareholders
Sometimes shareholders have disputes about the course of events within a company. In that case, the law must provide for a quick and efficient dispute resolution. This is important for the continuity of the company and the company’s employees. There are two procedures to resolve these disputes: the dispute settlement procedures and the inquiry procedure. With the adjustments from the Dispute Settlement Adjustment Act and clarification of admissibility requirements for the investigation procedure, these procedures will be modernized as of January 1, 2025. The dispute settlement procedures mean that shareholders who seriously harm the company can be forcibly bought out by their fellow shareholders and that shareholders whose interests are seriously harmed by their fellow shareholders have the right to be bought out. To increase the effectiveness of this arrangement, the new law stipulates that these procedures are handled by the Enterprise Chamber of the Amsterdam Court of Appeal. In this way, a rapid and at the same time expert completion of the procedures is guaranteed as much as possible. The new law also expands the grounds on which and to whom the procedures can be assigned. This makes the scheme more accessible. The inquiry procedure allows the Enterprise Chamber to take measures at the request of interested parties, such as shareholders, in the event of mismanagement. To clarify access to an inquiry procedure, a new access requirement is being introduced, specifically for capital providers of listed companies. This clarifies the current requirements.
Increase amounts for alimony by 6.5 percent
As of January 1, 2025, the amounts for maintenance (alimony) will be increased by 6.5 percent. These amounts are indexed every year with a certain percentage. This way, people who are entitled to alimony do not have to ask for an increase every year. Alimony is the obligation that different people have to support each other, such as (ex) spouses, (ex) registered partners and parents who have to support their children until the age of 21. The law prescribes that the increase in alimony must be equal to the average increase in wages in the Netherlands for that year. The Central Bureau of Statistics calculates this average.
Reduction of statutory interest to 6 percent
With effect from January 1, the statutory interest rate will be reduced from 7 percent to 6 percent. Unpaid claims may be increased with statutory interest. Citizens with claims receive statutory interest as compensation. Citizens in debt pay statutory interest as compensation if they do not pay. The statutory interest is also part of the maximum credit compensation that may be charged for borrowing money, overdrafting and purchasing on installments. With the decrease in the statutory interest rate, this maximum credit compensation decreases to 14 percent. The statutory interest is calculated every six months based on the ECB interest rate. The reduction in the ECB interest rate is the reason that the statutory interest rate also falls by 1 percentage point.
Remuneration for curators, administrators and mentors increased by more than 6 percent
The remuneration for curators, administrators and mentors will be increased by 6.2583 percent from January 1, 2025. They receive a reward for their work as legal representative on the basis of the Remuneration Regulations for Trustees, Administrators and Mentors. Under this scheme, the rewards are indexed every year.
Annual indexation of rates for reimbursement of interpreters and translators
To improve the general position of interpreters, the fixed hourly rates for interpreters in the Decree on Rates in Criminal Cases 2003 (Btis) have been replaced by minimum hourly rates as of July 1, 2020. These rates have been indexed annually since January 1, 2024. This indexation percentage is based on a figure from the Central Bureau of Statistics, called collective labor agreement wages, contractual wage costs and working hours including special rewards. On January 1, 2025, the minimum hourly rate in the Btis for reimbursements for interpreters will increase from €59.53 to €62.66 per hour. This is an increase of 5.263 percent compared to the rates for the 2024 calendar year.
Changes to regulations for temporarily leaving the institution and selection and placement of detainees
As of January 1, 2025, the Temporary Leaving of the Institution Regulations (Rtvi) and the Selection, Placement and Transfer of Detainees Regulations (Rspog) will be amended in connection with the results of the implementation test of the Punishment and Protection Act. This concerns a restriction of long-term and short-term reintegration leave for the benefit of the social network. This is important to prevent improper use of the leave options and to reduce unnecessary administrative burdens.