VPPG Newsletter February 16, 2018Without good justice there is no strong rule of law
The quality of the judiciary in the Netherlands is under pressure.
This was what Kees Sterk, member of the Council for the Judiciary, said in an expert debate on the state of the rule of law in the Senate.
The three state powers, the legislature, the executive and the judiciary, must work together to strengthen the rule of law, he said.
The court fees for regular jurisdiction are much higher than the actual costs. The Council believes that court fees should be reduced and that the government and parliament should encourage the use of justice and make it more accessible. The judiciary must also take responsibility for keeping regular justice attractive for every litigant, for example by better aligning processing times with the expectations of litigants.
A second point of concern is the independence of the Judiciary. "It is under pressure, and with it the quality of justice," says Sterk. The aim of the legislation regulating the funding of the Judiciary was to withdraw the financing of legal cases from the political process. In practice, it is now the case that budget problems of the Ministry of Justice and Security are increasingly leading in the financing of the Judiciary, Sterk said. 'The Council for the Judiciary believes that this practice is contrary to the intention of the law and affects judicial and institutional independence.
National parties enter local elections undercover
Now that the local parties are continuing their advance, the national political parties are going to infiltrate. This is a serious form of misleading voters.
Almost all national parties have laid down in their articles of association that local members may not be candidates for a local party if the national party also participates in that municipality. In the past, violation of this rule did not always result in members being expelled.
After all, every member provides a subsidy through the Political Parties Financing Act (Wfpp).
Now that 'Local' is booming, members of national parties are given permission to participate in municipal elections under a different (local-sounding) name. According to an article in Trouw, the PvdA members on those local party lists can also count on PvdA support, such as training and other types of involvement.
The Electoral Act in itself is contrary to the Constitution when it comes to the free mandate of council members and the requirement that a municipal council be autonomous. Only because of this can the Electoral Council approve these strange constructions. As a result, the infiltration of national parties continues to proliferate in local government. However, these parties now enter the elections disguised as local parties, which further undermines the independence and autonomy of the municipal councils.
The VPPG supports the call of Mr Kees Sterk, member of the Council for the Judiciary, that the three independent state powers must work together to strengthen the rule of law. They can ensure that the Electoral Act is corrected and that democracy is strengthened.
The report of the Evaluation and Advisory Committee on the Financing of Political Parties Act.
The total subsidy for the local parties amounts to almost 2.8 million euros. The average local party will then receive approximately 3,500 euros in subsidy. According to the Evaluation and Advisory Committee on the Financing of Political Parties Act (Wfpp).
The committee has noted that political parties at local level are not eligible for subsidies in the current Wfpp. According to the committee, this double inequality, where government subsidies are available for national parties, but not for local political parties, cannot be defended.
While the subsidy for the House seats amounts to a total of 6.2 million euros, the total subsidy amount for the local level must be equal to that for the national level.
In 2014, approximately 65% of the council seats were occupied by the local branches of the national parties and 35% by the local parties. This means that of these 6.2 million euros, roughly more than 4 million euros will benefit the local branches of the national parties and almost 2.2 million euros will go to the local parties. The local parties will receive an additional amount of 575,000 euros for their members.
The national parties already receive subsidies for their members at national level, which means that the local branches do not receive subsidies for their members. All in all, this means that a subsidy amount of approximately 6.8 million euros will be made available for local democracy. Both local parties and local branches of national parties that have won at least one seat in the municipal elections benefit from this new basis for subsidy. The committee also believes that the national parties are free in their (financial) agreements between the national organization and their local branches.
In an administrative agreement, agreements must then be made between the government on the one hand and the municipalities on the other, so that the amounts that are added to the Municipal Fund are actually paid out to the parties.
Since there are some issues with the proposed elaboration based on membership numbers, the professional association VPPG wishes to be involved in these agreements
You can download the report via this link (66 pages)
The PvdA itself will apply anonymously on March 21
A proposal from the PvdA is to make anonymous job applications possible so that certain groups in society have a greater chance of getting a job.
Opponents of applying anonymously consider applying anonymously to be a weakness: "Why should you have to hide your identity, it's all about your qualities?"
The PvdA is now putting into practice what they preach: they are entering the municipal elections disguised as a local party. In the meantime, they remain just as much a department of the national PvdA.
Is this development a sign of weakness or simply deceiving the voters? Or is it both?