Agenda

THE NETHERLANDS : TEMPORARY ACT COVID-19 JUSTICE AND SECURITY

08/04/2020

This proposal aims in particular to provide provisions in the area of the legislative process, some statutory procedures and deadlines and some specific laws in the area of Justice and Security. The bill contains the following provisions:

  1. A temporary suspension of consultation obligations and pre and post procedures etc. for delegated regulations related to the fight against COVID-19 (Article 1). In addition, the bill makes it possible in various areas to provide temporary communication with electronic means, where physical consultation and decision-making procedures are currently prescribed.
  2. A temporary provision to replace physical hearings in judicial proceedings in civil and administrative matters with electronic versions thereof and the extension of supervision and out-of-home placement (Articles 2 and 3).
  3. A temporary extension of the validity of expert statements under art. 1: 28a Dutch Civil Code (Article 4).
  4. Various temporary provisions with regard to meetings and reporting of legal persons and of associations of owners (Articles 5 to 25). All associations, cooperatives, mutual insurance companies, public and private companies are obliged to hold a general meeting every year. The annual general meeting is usually held in the spring, within six months of the end of the financial year. The bill aims to temporarily grant derogations from legal and statutory provisions regarding the holding of physical meetings and related deadlines and sanctions.
  5. A temporary provision for the electronic execution of notarial deeds (Article 26). In these extraordinary circumstances where physical contact with the notary and other officials is not possible due to restrictive measures, the notary may legally execute a deed using audiovisual means of communication instead of appearing in person.
  6. A temporary provision to make use of (group) telephony (art. 27), instead of video conference where a direct image and sound connection is established in criminal cases, for the purpose of hearing, interrogating or questioning people.
  7. A temporary provision to replace physical hearings in criminal proceedings with oral treatment by means of (group) telephony (Article 28).
  8. A temporary provision to extend the term of execution by a maximum of twelve months to ensure that all outstanding community service orders, including community service orders imposed during the outbreak of COVID-19, can be executed (Article 29).
  9. A temporary provision for appeal in immigration matters, under which the Administrative Jurisdiction Division gives the person lodging the appeal to rectify an appeal that does not contain any grievances within a period to be determined by the Division. (Article 30).
  10. A temporary provision to allow electronic meetings for some professional organizations (Articles 31 and 32).
  11. A temporary facility to make it possible to collect mucous membranes or sputum in addition to or instead of blood from a suspect, if it is suspected that it is a carrier of the COVID-19 virus (art. 33).
  12. A temporary provision to expressly state that the transfer of the powers of the mayor to the chairman of the security region also includes the power to impose an order subject to administrative enforcement or a penalty order (art. 34).