New measures to tackle organizations that undermine the rule of law | News item

News item | 14-04-2023 | 2:20 pm

It should become easier to tackle organizations that undermine the democratic rule of law or public authority. That is why new enforcement instruments are being added to the Civil Society Organizations Transparency Act (Wtmo). The Council of Ministers has agreed to the proposal of Minister of Justice and Security Yesilgöz-Zegerius. The proposal to amend the Wtmo will then be sent to the House of Representatives.

With this, the minister is responding to a broad call from the House of Representatives to come up with extra enforcement instruments in the event of (threatened) undermining of democratic values, fundamental freedoms or human rights. Earlier, the government announced its aim to get a better grip on money flows that facilitate undesirable influence on organizations based in the Netherlands.

Minister Yeşilgöz-Zegerius: “It is important that there is a firmer approach to organizations that undermine our rule of law through their activities. There is no place in our country for activities of organizations, such as lectures or activist speeches, that aim to incite members to abolish democracy, for events that propagate discrimination against certain groups or for the publication of magazines or pamphlets in which minority groups are denounced or dismissed. We can better protect society against this with new enforcement instruments.”

Undermining the rule of law

It must be possible to take effective action against civil society organizations that undermine the democratic rule of law or public authority. This is made possible with the proposed amendments to the Wtmo. Among other things, the cabinet proposes that a court order can be imposed requiring an organization to refrain from certain activities for a maximum period of two years. In addition, an organization can be sentenced to report certain donations or money flows to the Public Prosecution Service, the Public Prosecution Service can gain insight into the financial administration of organisations, assets can be frozen and a ban on certain donations can be imposed. The measures can be imposed separately, but also jointly. The measures are in addition to criminal law and other existing measures, such as the possibility, in extreme cases, to have legal entities banned by the court at the request of the Public Prosecution Service.

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